Cunningham v. United States

ORDER

MILLER, Judge.

This military pay case is before the court after argument on defendant’s motion to dismiss and cross-motions for summary judgment on the administrative record. Plaintiff challenges the decision of a correction board denying his application to correct his records by removing an officer fitness report and expunging his non-selections for promotion, which were based on records containing improperly completed fitness reports. The board also rejected his request to recommend his consideration for promotion by a special selection board. Defendant maintains that plaintiffs claim…