William L. Schiffman v. The United States

DURFEE, Judge.

Plaintiff was released from active duty with the Army on June 14, 1946, in apparent good health. When released, he had the option of taking $300 mustering out pay or a “terminal leave promotion” to major under War Department Circular No. 10, of January 11, 1946. Plaintiff qualified for the terminal leave promotion —24 months in grade and an efficiency index of 40 — but chose the mustering out pay.

In August 1940 plaintiff was hospitalized because of a large herniated disc. Surgery did not cure plaintiff and on April 7, 1949, he appeared before an Army Retiring Board at Walter…