Longhofer v. United States

OPINION

REGINALD W. GIBSON, Judge:

Introduction

This military pay case, filed on September 24, 1992, comes before the court on Defendant’s Motion to Dismiss, filed on February 17, 1993, for lack of subject matter jurisdiction and, alternatively, for failure to state a claim upon which relief can be granted. RCFC 12(b)(1) and (4). Plaintiff, James E. Longhofer, seeks by his complaint reinstatement in the U.S. Army, promotion to the rank of Major General with pay, back pay, and correction and/or a purging of his military records. The alleged egregious conduct of defendant claimed by plaintiff is…