Dillon v. United States

In this military pay case, before us on cross-motions for summary judgment, the plaintiff seeks severance pay to which he would have been entitled had he been disabled for military service when he voluntarily resigned his commission. He was found physically qualified when separated from active duty. He challenges as arbitrary and capricious and unsupported by substantial evidence the refusal of the Board for Correction of Naval Records ("Correction Board”) to change his records to show that he was 20 percent disabled upon separation. After hearing oral argument, we uphold the decision of the…