Butler v. United States

*90OpiotoN

Per Curiam :

There is no dispute about the facts in the case as set forth in the findings. The plaintiff is a Marine officer who was found by a naval retiring board to be incapacitated for active service. The Secretary of the Navy presented the findings to the President with the recommendation that they be approved and that on August 1, 1936, the plaintiff be retired from active service and placed on the retired list. On May 27,1936, the President approved the findings of the retiring board and the recommendation of the Secretary of the Navy. The only question presented in the case is…