Muse v. United States

OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

REGINALD W. GIBSON, Judge:

I. Introduction

On September 30, 1983, the Army involuntarily discharged the plaintiff, former United States Army Captain Stephen H. Muse, in accordance with 10 U.S.C. § 632 (1982)1 since he had been passed over twice for promotion to permanent major. Plaintiff alleges that an Officer Effectiveness Report (OER), received by him on May 11, 1979, was the determinative factor in his passovers and his involuntary separation from the service. Therefore, in this military pay case, plaintiff now seeks back pay, appropriate…