Pence v. United States

OPINION

DAMICH, Chief Judge.

I. Introduction

This action is before the Court on Defendant’s Motion to Dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”)1 2or, in the alternative, for Judgment on the Administration Record pursuant to Rule 56.1 of the RCFC, and Plaintiffs Counter-Motion for Summary Judgment Upon the Administrative Record. For the reasons stated below, Defendant’s motion for summary judgment is GRANTED and Plaintiffs motion is DENIED.

II. Background

Ms. Yvonne Pence (Plaintiff) married…