Berzoff v. United States

LittletoN, Judge, and MaddeN, Judge,

dissenting in part:

This is a suit to recover disability retired pay from March 10, 1944 to date of judgment. As noted by the majority, the facts of the case are substantially identical with those in Capps v. United States, 133 C. Cls. 811. In that case the court held that an officer of the United States Army, discharged by reason of physical disability for an incapacity which was an incident of the officer’s prior service as an enlisted man, was entitled to disability retirement and disability retirement pay.

On the basis of the court’s decision in the Oapps…