Scratchley v. United States

The plaintiff is a Naval Officer who was found by the Naval Retiring Board to be incapacitated for active service. The proceedings and findings of the Board were forwarded to the Secretary of the Navy who on May 26, 1936 presented them to the President with the recommendation that they be approved and the plaintiff be retired from the active service on August 1, 1936. On May 27,1936 the President approved the findings of the Board and the recommendation of the Secretary of the Navy.

The sole question in the case is whether the plaintiff was retired May 27,1936 when the President approved the…