Moss v. United States

OPINION

BUSH, Judge.

This military retirement pay dispute is before the court on defendant’s motion for partial dismissal, under Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC), and on defendant’s motion for judgment on the administrative record, under RCFC 52.1.1 These motions have been fully briefed, and oral argument was neither requested by the *613parties nor deemed necessary by the court. For the reasons stated below, defendant’s motions are granted.

BACKGROUND2

1. Retirement Pay Dispute

Plaintiff Robert L. Moss enlisted in the active duty United…