Boland v. United States

Plaintiff served on active duty as a Reserve officer in the Navy from 1941 to 1946. He was released from active duty, not by reason of physical disability, on January 11,1946. In this action he seeks disability retired pay from the date of his release from active duty. In his petition, plaintiff merely alleges that he is entitled to this retired pay. However, he *147did apply to the Board for Correction of Naval Records, requesting that his records be corrected to show that he was entitled to retired pay from the date of his release from active duty. Testimony was taken before the commissioner of…