Chisolm v. United States

OPINION

MARGOLIS, Senior Judge.

This appeal of an Air Force Board for Correction of Military Records (“AFBCMR”) decision is before the Court on defendant’s Motion for Judgment on the Administrative Record on Count I, pursuant to RCFC 56.1, and defendant’s Motion to Dismiss Count II for Failure to State a Claim, pursuant to RCFC 12(b)(4). Plaintiff has moved for Judgment on the Administrative Record as to both counts. Plaintiff requests military pay and allowances pursuant to 28 U.S.C. § 1491(a)(2) (2000) and 37 U.S.C. § 204(a) (2000). Plaintiff asks this Court to order the Air Force to delete…