United States Court of Claims May 4, 1936, No. 42624 (Holland v. United States)

Littleton, Judge,

delivered the opinion of the court:

Section 1453 of the Revised Statutes provides as follows:

When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of the service, such officer shall, if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter