Kilbanks v. United States

I am of the opinion, for reasons hereinafter stated, that plaintiff was not legally and effectively released to inactive duty on August 7, 1946, and that he is therefore entitled to recover on his active duty pay claim for the period August 7 to October 2, 1946. Plaintiff’s first effective and legal release to inactive duty occurred on June 9, 1947, when the Secretary of War first ordered such release following the Secretary’s prior approval of the findings and decisions of the third Retiring Board that plaintiff was disabled as an incident of the service in 1943, but denied him retired pay…