Pepper v. United States

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

REGINALD W. GIBSON, Judge:

In this military pay case, the plaintiff, former United States Air Force Captain David S. Pepper, seeks, inter alia, money damages from the government comprised of back pay and allowances arising from an alleged wrongful active duty discharge. Plaintiff was discharged on February 29, 1980 pursuant to 10 U.S.C. § 8303 (1976 and Supp. IV) after having been twice passed over for promotion to the regular grade of permanent major.1 Plaintiff contends that his non-selections were the result of four defective Officer…