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ISTIVAN v. UNITED STATES

No. 369-81C.

689 F.2d 1034 (1982)

Ronald D. ISTIVAN v. The UNITED STATES.

United States Court of Claims.

September 22, 1982.

Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D. C., attorney of record, for plaintiff; Newrath, Meyer & Faller, P. C., Washington, D. C., of counsel.

Adrian C. Hunte, with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant; Captain Steven M. Post, Army, JAGC, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS and BENNETT, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge:

This military pay claim challenges an Army Board for the Correction of Military Records (ABCMR) decision denying plaintiff's application for an increase in his disability rating upon removal from the Temporary Disability Retired List (TDRL). In essence, an increased disability rating (of 30 percent or over) would result in plaintiff's entitlement to retirement pay (10 U.S.C. § 1201) rather than...

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