Brown v. United States

LittletoN, Judge,

delivered the following opinion:

Plaintiff sues to recover either active duty pay or, in the alternative, disability retired pay from October 14,1945, on the ground that the Secretary of the Army acted arbitrarily, capriciously, unlawfully, in disregard of the record, the undisputed facts, and the applicable regulations, when plaintiff was released from active duty by reason of psychoneurotic disability which the Department of the Army, through its retiring boards and a disability review board, had found existed prior to plaintiff’s entry on active duty in 1942 and was not…