Robert E. Williams v. The United States

ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Plaintiff seeks disability retirement pay allegedly due him because of a disability existing at the time of his release from military service on January 10, 1963. Plaintiff, an enlisted man in the Marine Corps, was hospitalized on May 26, 1958, when it was diagnosed that he was suffering from tuberculosis of the lymph glands of his neck. On February 29, 1959, a Physical Evaluation Board found plaintiff unfit because of tuberculosis, “100% disabling—may be permanent.” Plaintiff was then, on March 16,…