Bond v. United States

OPINION

SMITH, Chief Judge.

This ease is before the court on defendant’s motion to dismiss. Plaintiff contends that he was illegally separated from the United States Marine Corps in 1956 and is seeking approximately 31 years of back pay totaling $900,000 plus $3,000,000 in other damages. Defendant’s motion asks that plaintiffs claim for illegal discharge be dismissed pursuant to RCFC 12(b)(1), as beyond the six-year statute of limitation, and any claim for disability pay be dismissed under 12(b)(4) for failure to state a claim upon which relief can be granted. The court hereby GRANTS…