Akol v. United States

This is a suit for disability retirement pay. Plaintiff, executrix of the estate of the widow of a retired commissioned warrant officer (hereinafter called the decedent), contends that the decedent was “retired by reason of physical disability” and is thus eligible to elect to receive disability retirement pay under section 411 of the Career Compensation Act of 1949, 63 Stat. 802, 823-824. She asserts that certain communications from him to the Navy Department in 1949 and 1953 were sufficient to constitute an election within the *1026-year period which that section prescribes. With each of these…