Ainslie v. United States

OPINION

ALLEGRA, Judge.

This case was filed by a former Army National Guard technician seeking back pay stemming from the Department of Defense’s violation of 5 U.S.C. § 3329(b). As originally enacted, that section provided that military reserve technicians who had completed a designated period of service and were separated by reason of failing to serve in a military reserve component, “shall, if appropriate written application is submitted within 1 year after the date of separation, be offered a position ... not later than 6 months after the date of the application.” Plaintiff did not receive…