Mead v. United States

Plaintiff is a former United States Army Captain who was medically retired with a 40 percent disability rating on August 6, 1976. In this action, plaintiff asks this court to correct his military record to reflect a 70 percent physical disability rating, in lieu of the 40 percent rating awarded to him by the Army Physical Evaluation Board. He also seeks compensation for loss of retirement pay due to the alleged incorrect percentage. After careful consideration of the parties’ cross-motions for summary judgment, their supporting briefs and oral argument, we conclude that plaintiffs petition…