Spencer v. United States

This case is now before the court on defendant’s motion to set aside the decision and judgment entered in favor of plaintiff on October 2, 1951, and to grant a-new trial. Defendant asserts, as it argued on the original trial, that section 36b of Army Regulations 605-250, March 28, 1944, which makes orders for retirement irrevocable, applies only to Regular Army officers, hence the court erred in applying this section to Reserve officers, thereby making plaintiff’s original certification by the War Department to the Veterans’ Administration for retirement pay conclusive; that the medical…