Hendrick v. United States

This action is brought by plaintiff seeking to recover active duty pay and allowances from December 8,1951, when he was actually discharged, through December 31, 1951, when, he alleges, he should have been placed on the temporary disability retired list, and for disability retired pay from January 1, 1952, to date of judgment. He alleges he became *439unfit for duty while serving on extended active duty. He further alleges that the actions of the Second Physical Evaluation Board and the Physical Keview Council were arbitrary, capricious, contrary to the weight of the evidencé, and hence unlawful.

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