United States v. Bentley‪.‬

The defendant, a first lieutenant in a national guard regiment in New York, accepted a "provisional" commission as second lieutenant in the regular army in November, 1917, and served in it either as second or first lieutenant until June 28, 1919. On or before January 1, 1925, the Secretary of War "certified" him to the Director of the Veterans Bureau for an "adjusted service credit" of $500, upon which the Director issued to him a "certificate" for $1,246, and upon this he borrowed $623 on March 30, 1935. On November 21, 1935, the Secretary, having discovered that he had "certified" the defendant by mistake, "recertified" him for a credit of $149, and the Director reduced his "certificate" to $371. This action was brought to recover the difference, $252, between the amount borrowed, $623, and the amount of the corrected "certificate", $371. The defendant counterclaimed for $623, the unborrowed remainder of the first "certificate". The defendant does not dispute that, as a "provisional" officer, he was entitled under the statute to no more than $371; but he says that, having once "certified" him for $500, the Secretary had exhausted his powers, because of § 310 of the World War Adjusted Compensation Act, 38 U.S.C.A. § 620, which declares that the Secretarys "decisions * * * on all matters within" his jurisdiction "shall be final and conclusive". This, he argues, put the first decision, once made, beyond recall. Further, that even though this be not true, the Director lent him the money through a mistake of law - since he knew that his status was only that of a "provisional" officer - and that no recovery can be based upon such a mistake. Each side moved for a summary judgment, and the judge gave judgment against the defendant for the balance of the loan with interest, and dismissed the counterclaim. the defendant appealed.