Emilio Akol (Clinton M. Stanford, No. 27) v. The United States

JONES, Chief Judge.

Plaintiff, a former Navy enlisted man now on the retired list, sues for the difference between the disability retirement pay which he asserts he is entitled to elect to receive under section 411 of the Career Compensation Act of 1949, 63 Stat. 802, 823-24, and the retirement pay which he has been receiving under prior enactments. He seeks now to make the election between disability retirement pay and retirement pay which that section affords former members of the uniformed services who had theretofore been retired by reason of physical disability. He contends that his…