Jamison v. United States

OPINION ON DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

PHILIP R. MILLER, Judge:

Plaintiff, an Air Force veteran discharged in 1979, seeks payment of disability retirement benefits from the date of his discharge. Defendant has moved to dismiss the petition on the ground that the 6-year statute of limitations for bringing suit, 28 U.S.C. § 2501, bars the action. Alternatively, defendant seeks summary judgment on the basis that plaintiff’s claim is barred, as res judicata, by a 1984 decision of the Claims Court adverse to plaintiff. Jamison v. United States, 5 Cl.Ct.…