In Brief
A retired Navy sailor discharged after 10 years 169 days of service (below the 15-year qualifying period) in a low medical category was denied the service element of disability pension, though granted the disability element. The Supreme Court held that individuals deemed invalided from service due to placement in a lower medical category with no suitable alternative employment are entitled to disability pension including a proportionate service element, even without 15 years of service. Regulation 105B prevents dual payment only when someone qualifies for both service and disability pension. The Court dismissed the Union's appeal and directed payment of arrears within four months.
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