Cole v. United States

Plaintiff is a former commissioned officer, a captain in the Regular Army. He was separated by honorable discharge March 10, 1977, under circumstances to be stated. He sues for reinstatement and back pay. Defendant moves for summary judgment and there is no cross-motion. Defendant’s legal points are valid in part, but the case is not ripe for summary judgment because there are triable issues.

Plaintiff is or was during his military service a so-called "whistleblower.” He made a regular practice of reporting the alleged derelictions of others, as a result of which he was not always appreciated…