Dickson v. United States

JoNes, Chief Judge,

delivered tbe opinion of the court:

This is a congressional reference case. The plaintiff, a Reserve officer serving with the Army Air Forces at the time, was severely wounded on June 7,1944, while participat*187ing as a glider pilot in the invasion of Western Europe by the Allied forces. He was released from active military duty at the close of the day, December 31, 1945. He seeks retirement pay for physical disability. The principal question involved in the case is whether the plaintiff, at the time of his release, was permanently incapacitated for active service as a military…