Morgan v. United States

OPINION

NETTESHEIM, Judge.

This military disability case comes before the court on defendant’s motion to dismiss or for summary judgment. Plaintiff has opposed. Because the matter has been decided on the merits, see infra note 2, the motion is deemed a summary judgment motion.

FACTS

The following material facts are found based upon the documents submitted by the parties. Plaintiff served two years active duty in the United States Army from July 11, 1969, to July 12, 1971. In January 1971 plaintiff sought medical attention for pain in both knees. An initial military diagnosis, entered on…