Webb v. United States

OPINION

BRUGGINK, Judge.

Plaintiff is a former Air Force enlisted man. He appears before the court seeking back pay and retirement pay. Presently pending is defendant’s motion to dismiss. Two grounds are offered in support of the motion. Defendant first contends that the claim for retirement pay should be dismissed under RUSCC 12(b)(1) because the *24court lacks jurisdiction to hear it. The second ground for dismissal is that no part of the action is ripe for resolution and the entire claim should be dismissed under RUSCC 12(b)(4). For the reasons discussed below, the claim is dismissed without…