Lipp v. United States

Plaintiff, a former Reserve officer of the Army, brings this action to recover retired pay which he claims is due him by reason of the arbitrary, capricious and unlawful action of the Army Board for Correction of Military Records in refusing, on October 1, 1955, to correct his record of military service to show his retention on active duty until January 30, 1946, and his retirement for physical disability as of that date.

The facts are fully found and will be referred to only to the extent necessary to this opinion.

The United States makes a strong contention that plaintiff’s claim is barred by…