In the 1923 case of Denby, Secretary of the Navy of The United States v. Berry, a dispute arose over whether or not an enlisted man in the U.S. Navy was entitled to receive pay during his period of unauthorized absence and subsequent confinement by civil authorities for committing a crime unrelated to his military service. Mr. Berry had been absent without leave from his naval duties when he committed a civilian offense that led to him being imprisoned by local law enforcement officials for nearly two years before returning back into navy custody. The Supreme Court ruled against Mr. Berry's claim for back pay during this time away from duty, stating that under Article 1869 Revised Statutes it was clear that no member could be paid while absent without authority unless such absence was excused as unavoidable; furthermore, since there were no provisions made within these statutes regarding absences due to imprisonment by civil authorities on account unrelated with military service - it would be inappropriate and unjustified to grant any form of compensation in such circumstances.

In the dissenting opinion for Denby v. Berry, Justice Holmes disagreed with the majority's decision to uphold a lower court ruling that denied compensation to a Navy sailor injured while on duty. He argued that the language of an 1884 statute clearly intended for sailors who were hurt during their service to receive disability benefits, regardless of whether they were technically "in line of duty" at the time of injury. The majority interpreted this phrase narrowly and ruled against Berry because he was not actively engaged in military operations when he got injured; however, Holmes contended that such interpretation contradicted Congress' intent behind passing this law - which was to provide financial support for all servicemen harmed while serving their country. Thus, according to him, it did not matter if Berry was performing routine tasks or combat duties when his accident occurred; what mattered is that he sustained injuries during his tenure as a naval officer and hence deserved compensation under federal law.