Capps v. United States

WHITAKER, Judge.

This case is before us on exceptions to the Commissioner’s report and for a decision on the merits.

Plaintiff originally enlisted in the Pennsylvania National Guard. His unit was called into Federal Service on February 17, 1941, and he was commissioned in the Reserve Corps on. October 9, 1942. While serving as a commissioned officer, he became incapacitated and was retired on a finding by a retiring board that he was permanently incapacitated for further service, but that his incapacity was not an incident of the service, which findings were approved by the Secretary of War and…