Robert J. Cosgriff v. The United States

COLLINS, Judge.

Plaintiff, a former commissioned officer of the Army of the United States, seeks to recover disability retirement pay for the 6 years prior to the filing of his petition on February 14, 1966. Defendant has moved to dismiss the petition on the ground that plaintiff’s claim is barred by the statute of limitations, 28 U.S.C. § 2501, and plaintiff has moved for summary judgment. A statement of facts follows:

In 1945, plaintiff, a captain in the United States Army, was relieved from active duty, not for physical disability, and was honorably discharged. Plain tiff appeared before an…