Friedman v. United States

LITTLETON, Judge.

Plaintiff brings suit to recover disability retired pay from February 10, 1947, to the date of judgment herein, on the ground that the Air Force Board for the Correction of Military Records acted arbitrarily, capriciously and contrary to law in denying plaintiff’s application for correction of his records to show him incapacitated for active duty and entitled to disability retirement with pay as of the date of his release to inactive duty on February 10, 1947.

Defendant contends that plaintiff has failed to establish facts which warrant the conclusion that the Air Force Board…