Roth v. United States

OPINION

REGINALD W. GIBSON, Senior Judge.

I. INTRODUCTION

This military pay ease is before the court on cross-motions for summary judgment based upon the administrative record. Defendant’s motion supra is also filed in the alternative raising a RCFC 12(b)(4)1 motion to dismiss for failure to state a claim upon which relief can be granted. Mr. Roth, the plaintiff herein, has properly pleaded statutory and regulatory violations by the Air Force Board for Correction of Military Records (“AFBCMR”) that are both justiciable and remediable in this court, therefore defendant’s motion to dismiss is…