Gnagy v. United States

*243This case involving two claims for back pay is before the court on the parties’ cross-motions for summary judgment.1 The motions, on which we have heard oral argument, present a single dispositive issue: Is a military member of the National Guard a federal "employee” for purposes of the Back Pay Act2 when his National Guard unit is not in active federal service and when he is discharged from the National Guard pursuant to a recommendation of nonre-tention made by a federally mandated enlisted qualitative retention board of the National Guard? Because we hold that such a person is a state…