Proper v. United States

LITTLETON, Judge.

Plaintiff sues to recover disability retired pay from May 1, 1948, on the ground that the Secretary of the Army acted arbitrarily, capriciously and unlawfully when, on November 28, 1955, on the basis of the recommendation of a military officer of the Army, and contrary to the recommendation of the civilian board for the Correction of Military Records, he denied plaintiff’s application for correction of his military record.

On the basis of the pleadings and documents submitted by the parties, plaintiff *318and defendant have filed cross motions for summary judgment.

Defendant’s…