Downes v. United States

On the 1st day of July, 1914, there was a vacancy in the grade of lieutenant commander in the Navy. The plantiff was a lieutenant in the Navy, and on the 1st day of July, 1914, became eligible to promotion to said vacancy, subject to the examination required by law. He reported for examination and the board of medical examiners found him incapacitated for active service by reason of some physical ailment. He was subsequently ordered to proceed at his own expense to the Naval Hospital at Washington for op*238erative treatment, where he reported on November 3, 1914. He was discharged from treatment…