Johnson v. United States

JONES, Chief Judge.

This is a suit for disability retirement pay by plaintiff, a former officer in the United States Air Force. The plaintiff was released to inactive duty on December 9, 1951. He claims retirement pay from that date.

Plaintiff relies upon section 402(b) of Title IV of the Career Compensation Act of 1949, 37 U.S.C.A. § 272(b), which stipulates that upon the determination of the Secretary concerned that a member of a regular component of the uniformed services or of a reserve component entitled to receive basic pay has suffered disability of such a nature that accepted medical…