Akol v. United States

This is an action for disability retirement pay. Plaintiff is a former Navy enlisted man and temporary Warrant Officer who was first retired in 1942 for longevity but retained in emergency wartime service and re-retired in 1946. He seeks through this suit to make the election between disability retirement and general retirement pay which section 411 of the Career Compensation Act of 1949, 63 Stat. 802, 823-824, affords former members of the uniformed services theretofore retired “by reason of physical disability,” contending that his re-retirement was by reason of such disability.

Plaintiff…