Holland v. United States

Section 1453 of the Revised Statutes provides as follows:

When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of the service, such officer shall, if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter Eight of this Title.

*380In view of the positive provisions of that section that an officer shall he retired from, active service when the President approves the decision of the retiring board, we see no escape from the conclusion that the officer was in fact…