Cook v. United States

In August 1939 the President appointed plaintiff an acting assistant surgeon in the Navy for temporary service under the act of May 4, 1898 (30 Stat. 369, 380; U. S. Code, Title 34, section 21). The appointment specifically stated: “This .appointment to continue in force during the pleasure of the Secretary of the Navy.” While serving under this appointment plaintiff became incapacitated as a result of an incident •of the service, and he was examined for retirement and was placed on the retired list of officers of the Navy as of March 1, 1941, as set forth in findings 3 to 6, inclusive. This…