Smith v. United States

OPINION

DAMICH, Chief Judge.

I. Introduction

In this case, Plaintiff Patrick M. Smith, acting pro se, alleges a claim to back pay and allowances, and interest thereon, commensurate with service in the United States Army at the pay grade of E-4 for the period from his general court-martial through the date he was originally scheduled for discharge. Plaintiff avers that the judge advocate who presided over his court-martial and conviction for kidnaping, rape, and murder was not qualified to sit as the military judge in his proceeding because he was not an active member of the highest court of his…