San Millan v. United States

Plaintiff brings suit to recover disability retired pay of which plaintiff alleges he was deprived by the arbitrary actions of the Department of the Army.

Plaintiff contends that on the facts established by the record in this case, he had become totally and permanently incapacitated for active duty by reason of a disability incurred as an incident of his active military service and was therefore entitled to disability retirement and pay at the time of his separation from the service on March 20,1946.

Defendant contends that plaintiff has failed to establish facts which would warrant such…