Merson v. United States

This is an action to recover disability retirement pay. "Plaintiff served from 1928 to 1930 as an officer of the Regular Navy, and then in the Naval Reserve until August 30, 1939. He was again appointed to the Naval Reserve in 1942 -and served thereafter on extended active duty until March 29, 1946, when he was released to inactive duty as physically fit. Plaintiff now seeks retirement pay from that date on -the ground that he was at that time physically unfit to perform his duties and commission in the Naval service and .should have then been retired for service-connected -disability.

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