Perez v. United States

OPINION

ROBINSON, Judge:

This military pay action is before the court on defendant’s motion to dismiss plaintiffs complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(4) of the Rules of the United States Court of Federal Claims (“RCFC”). Plaintiff, Felix E. Perez, seeks correction of his military records to reflect retirement in the grade of colonel, back pay, and allowances since the date of his retirement, April 1, 1991. Defendant’s motion to dismiss was filed on March 22, 1994, and the Administrative Record (“Admin.B.”) was filed March 24, 1994.…