Ray v. United States

Plaintiff commenced this action, brought under 28 U.S.C. § 1491, in 1965. Proceedings were suspended in this court to permit plaintiff to apply with the Air Force Board for the Correction of Military Records for remedial action under 10 U.S.C. § 1552. On November 2, 1969, the Assistant Secretary of the Air Force, following the recommendation of the Board, ordered the correction of plaintiff’s record.

At the time of his retirement from active duty at the rank of Colonel based on length of service, and not by reason of physical disability, plaintiff was suffering from partial deafness by reason…