Retired Pay and Dual Citizenship

The issue presented by this case was the effect on a retired Regular Army officer's retired pay when he lived in a foreign country, acquired dual citizenship by operation of the foreign country's laws, and served in the armed forces of the foreign country. While equal citizenship would not affect the retired pay, service in a military force of the foreign country is incompatible with Regular retired status as well as contrary to a provision in the U.S. Constitution. Thus retired pay must be discontinued when a retired officer becomes a member of the foreign military force.