Garcia v. United States

OPINION

BRUGGINK, Judge.

This is an action for back pay by a former serviceman whose term of enlistment ended while he was confined awaiting military trial. Pending are defendant’s motion to dismiss for failure to state a claim upon which relief can be granted and plaintiffs motions for summary judgment1 and for a protective order. Oral argument is deemed unnecessary. For the reasons discussed below, plaintiffs motions are denied and defendant’s motion to dismiss is granted.

BACKGROUND

Plaintiff, Fernando Garcia, enrolled in the United States Marine Corps (“USMC”) for a four year period beginning…