Merriott v. United States

In August 1944, plaintiff, then a reserve officer on active service in the Army, appeared before an Army Eetiring Board which found that he was permanently incapacitated for active duty (because of moderate arterial *263hypertension) but also found that this disability originated prior to his service. These findings were approved by the Secretary of the Army in October 1944 and plaintiff was released on January 1,1945, by reason of this physical disability, without disability retirement pay. On December 28, 1959, he applied to the Army Disability Review Board for review of the Retiring Board’s…