James G. Pattillo v. James R. Schlesinger

Executive Order 11692 adjusted upward the rates of basic monthly pay for members of the uniformed services of the United States. By its terms, the Order was effective on January 1, 1973. Pursuant to the mandate of National Treasury Employees Union v. Nixon, 492 F.2d 587 (D.C.Cir.l974), further appeal, 521 F.2d 317 (D.C.Cir.1975), however, President Nixon signed Executive Order 11778 on April 12, 1974, thereby retroactively revising the effective date of the pay adjustment from January 1, 1973 to October 1,1972. As a result, the millions of men and women who served in the Armed Forces or other uniformed services of the United States during the last quarter of 1972 became eligible to receive payment for the retroactive pay increase.

As revealed in affidavits and evidence presented to the district court, those eligible members of the uniformed services who were still on active duty in July 1974 received their retroactive pay increase with little or no effort. Their identity and location could be determined and verified through active government records. As to those persons who had separated or transferred from service or had shifted from active to inactive reserves between October…