Huff

"This military pay case comes before the court on cross-motions for summary judgment. Plaintiff, a former Navy officer, now working as a civilian for the Navy, asserts that defendant has wrongfully applied the Dual Compensation Act, 5 U.S.C. § 5532 (1976), to reduce his disability retirement benefits.

"Plaintiff was a bomber pilot in the Pacific during World War II. He retired for disability in 1944 upon a finding by medical review boards that he was suffering from 'psychoneurosis, anxiety neurosis.’ The disability retirement was premised on findings that plaintiffs condition was permanent,…