Hamrick v. United States

JONES, Chief Judge.

Plaintiff, a naval reserve officer on active duty, was found by a Naval Retiring Board to be permanently incapacitated for active naval service by reason of diabetes mellitus. The retiring board found that this incapacity existed before he entered the Navy. As a result of the retiring board’s decision plaintiff was released from active duty without pay on February 10, 1946, although the proceedings and findings of the board were not approved by the President until February 26, 1946. Plaintiff thereupon appealed the decision of the Naval Retiring Board to the Naval Retiring…