...before the President for his approval or disapproval and orders in the case (RS 1250; 10 USC 965). (f) When a Retiring Board finds that an officer is incapacitated...service and placed on the list of retired officers (RS 1251; 10 USC 933). The foregoing statutes were made applicable to Reserve Officers, a status in...

...the period during which he has been retired. Section 417, Title 34, United States Code, provides : When a retiring board finds that an officer is incapacitated...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...

...pay, has been vested by Congress in the President. Section 933 of Title 10, USC (1946 ed.) provides: When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is th& result of an incident of service, and such decision is approved by the President, said officer...

...service, as the president may determine. (b) When the board finds that an officer of the Regular component is incapacitated for active service, and that his incapacity is the result of an incident of the service, and its decision is approved, the officer shall be retired from the service. (c) When...

...orders In the case. 4 RS 1453, 34 USCA 417, provides : When a retiring board finds that an officer 18 incapacitated for active service, and that his Incapacity is the result of an Incident of the service, such officer shall. If said decision IB approved by the President, be retired from active...

...the list of retired officers. The quoted provision, as I interpret it, clearly provides that any time a retiring board finds that an officer is incapacitated for active service, and that such incapacity had its inception in the service, he is entitled to retirement pay when the condition...

...that when the decision of a retiring board has been approved by the President the officer concerned "shall be retired from active service and placed on the list of retired officers." That statute was in no way modified or repealed by the Leave Act of 1946, nor did the Leave Act of...

...shall be retired from active service and placed on the list of retired officers. " SEC. 1252. When the board finds that an officer is incapacitated for active service, and that his incapacity is 52747°— VOL 27—10 1 not the result of any incident of service, and its decision is approved by...

...SEC. 1453. When a retiring-board finds that an officer is incapacitated , Di !-j bil t it ? t ] >v for active service, and that his incapacity is the result of an incident of ¿è'rvîcè ° the service, such officer shall, if said decision is approved by the President, be...

...decision is approved by the President) said officer shall be transferred to the retired list. When the Board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer...