Johnson v. United States

OPINION

SMITH, Chief Judge.

This case comes before the court on defendant’s Motion to Dismiss or Motion for Judgment Upon the Administrative Record, to which plaintiff responded with an Opposition and Cross-Motion. A copy of the Administrative Record has been filed with the now completed briefing. There are no disputed facts, only a question of how Article 75(a) of the Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 875(a) (1994)) and the recent Federal Circuit decision in Dock v. United States, 46 F.3d 1083 (Fed.Cir.1995), apply to the facts of this case. Applying them to this case, the…