Morse v. United States

Background

A Navy officer who had retired as a lieutenant after Civil War service sought extra retired pay. He was retired in 1874 on furlough pay after a Retiring Board found him incapacitated and that the incapacity did not originate in the line of duty. In 1878 the President, with Senate consent, placed him on the retired-pay list and he received half pay. A special act in 1902 increased his retired pay to three-quarters of sea pay effective as of that act’s passage. In 1906 Congress allowed officers retired for wounds or disability incident to the service to be advanced one grade, and the officer was later nominated, confirmed, and advised that he had been advanced effective June 29, 1906; he then sought the pay difference from that date.

Reasoning

The core question was whether the 1902 special act changed his retirement status to make his incapacity be incident to the service. The Court held the act did not. The 1902 law and the Revised Statutes it referenced plainly provided an increase in pay measured by the difference between half pay and three-quarters pay for the rank he already held—lieutenant—not a change in why he had been retired. The Court relied on earlier decisions and noted nothing in the record showed the 1874 Retiring Board had acted wrongly. The lower court’s denial of the claim for higher-grade back pay was therefore affirmed.

Real world impact

This ruling makes clear that a special Congressional act that raises a retired officer’s pay for the officer’s existing rank does not, by itself, alter the official reason for retirement or create entitlement to back pay for a higher retired grade. Officers seeking advancement under the 1906 law must show they were retired for wounds or disability incident to service; pay-relief acts that only increase the amount for the old rank do not meet that test.