Rae v. United States

Plaintiff, a Reserve officer, while on a 15-day active duty tour, suffered a myocardial infarction, anteroseptal, due to arteriosclerotic coronary thrombosis, following an inoculation for influenza. His claim is that he is entitled to physical disability retirement on the ground that he sustained an “injury” while on active duty, under section 402 of the Career Compensation Act of 1949, 63 Stat. 802, 816.

Section 402 of the Career Compensation Act of 1949, supra, provides in pertinent part:

Sec. 402. (a) Upon a determination by the Secretary concerned (1) that a member of a Regular component of…