United States v. Ferris

Background

A U.S. Army officer who held the rank of Lieutenant‑Colonel sued to recover higher pay for performing the duties of a Colonel from August 27, 1917 to January 5, 1918. He commanded the 315th Field Artillery, part of the 80th Division, which had been organized and trained at Camp Lee in Petersburg, Virginia. That division later served overseas, but during the period in question the regiment remained at Camp Lee as a camp of instruction. He relied on an 1898 law that grants higher pay to officers 'serving with troops operating against an enemy.'

Reasoning

The Court addressed whether service in a domestic training camp counts as 'serving with troops operating against an enemy.' The Court, agreeing with the Paymaster General’s 1898 view, concluded that troops being drilled and prepared inside the United States are not in a proper sense operating against an enemy. Training and preparation, the Court said, are necessary but distinct from actual operations; only when troops embark for foreign service or confront an enemy on U.S. shores does the statute apply. Because the officer’s command occurred entirely at Camp Lee, the statutory requirement was not met and the prior judgment was reversed.

Real world impact

The ruling means officers who perform higher command duties while stationed in U.S. training camps are not entitled to elevated command pay under the 1898 statute. Extra pay will be available only when troops are actually deployed against an enemy. The Court reversed the Court of Claims’ award.