LOCATION: City of Philadelphia
DOCKET NO.: 75-1704
DECIDED BY: Burger Court (1975-1981)
CITATION: 430 US 634 (1977)
ARGUED: Mar 01, 1977
DECIDED: Apr 04, 1977
David Goldfarb - for appellee
Stephen L. Urbanczyk -
Facts of the case
Media for Alexander v. FiotoAudio Transcription for Oral Argument - March 01, 1977 in Alexander v. Fioto
Audio Transcription for Opinion Announcement - April 04, 1977 in Alexander v. Fioto
Warren E. Burger:
The judgment and opinion of the Court in Number 75-1704, Alexander, the Secretary of the Army against Fioto will be announced by Mr. Justice Stevens.
John Paul Stevens:
In this case, the Secretary of the Army has appealed directly to this Court from an adverse judgement entered by a three-judge District Court sitting in the Eastern District of New York.
After World War II, Congress authorized retirement pay for non-regular military personnel with at least 20 years of service in the Reserves or National Guard.
However, those who had been in the Reserves before World War II were not eligible for benefits unless they perform service, performed active duty during war time.
Appellee is such a person.
He contends that he may not be denied benefits for which he is otherwise eligible, simply because he had pre-war service.
In the District Court, he argued that the statute violates the equal protection principle inherent in the Due Process Clause of the Fifth Amendment.
In this Court, he makes the additional argument that the statute should be construed as merely providing that his years of pre-war service must be ignored for the purpose of determining his eligibility.
For reasons stated in an opinion filed with the clerk, we reject both arguments and unanimously reverse the judgment of the District Court.
Mr. Justice Rehnquist took no part in the consideration or decision of this case.
Warren E. Burger:
Thank you, Mr. Justice Stevens.