Claim for Recomputation of Disability Retired Pay

A retired service member requested a review of a decision which disallowed his claim for recomputation of his disability retired pay based on the grade of major, rather than that of captain. The service member passed a physical examination for a promotion and was ordered promoted from the grade of captain to major, effective at a later date. In a later physical examination prior to the promotion's effective date, a disability was found and he was retired for physical disability in the grade of captain. The member contended that since he passed another service physical examination subsequent to his release from active duty, and since he performed duty in the Reserve thereafter, his promotion to major was proper and should not have been revoked. It was held that, under the circumstances, there was no legal basis upon which to question the service determination. The higher grade could be allowed only where the disability is found to exist as a result of a promotion physical, which was not the case. Furthermore, the Secretary of the service concerned is vested with the powers, functions, and duties incident to determining the fitness for duty of any member of that service and the percentage of disability. Accordingly, the previous disallowance of the claim was sustained.