Morris v. United States

Per Curiam :

Since 1928, plaintiff lias been receiving disability retired pay at the rate of 75 percent of the active duty pay of a second lieutenant (in the Army) with over two years’ service. In this suit, he claims entitlement to such pay computed on the basis of an additional three years’ service which, he says, he had in the Kentucky National Guard from March 1907 to March 1910. His claim was turned down by the Adjutant General of the Army (in 1952) on the ground that no record of such 1907-1910 service coidd be found. After a hearing at which plaintiff presented affidavits of two…