Loeh v. United States

Robert E. Loeh appeals from the decision of the United States Court of Federal Claims dismissing his complaint without prejudice. Loeh v. United States, 53 Fed. Cl. 2 (2002). We affirm.

I

Mr. Loeh is an officer in the United States Navy. He is confined in a Federal penitentiary under a ten-year sentence for distribution of narcotics. While incarcerated but before conclusion of his court-martial proceedings, Mr. Loeh applied to the Navy for voluntary retirement on June *93814, 2001. On August 8, 2001, the Navy by letter returned to Mr. Loeh his retirement application, citing SECNAVINST 1811.3M, which…