Lemly v. United States

HOWELL, Judge.

Plaintiff is a Naval Reserve Officer on inactive duty and on the honorary retired list of the United States Naval Reserve. He is drawing no retirement pay and the Navy Department has denied his eligibility thereto although he alleges he incurred a disability while on active service which, though known to the Navy at the time he was released from active duty, was not revealed to him. Plaintiff claims therefore the retired pay and allowances accorded by statute to an officer in the Regular Navy of corresponding grade and rank, to which he says he is entitled under the provisions…