Gavin v. United States

OPINION

SMITH, Senior Judge.

This matter is before the court on defendant’s Motion to Dismiss. Defendant contends that plaintiffs claims should be dismissed for failure to state a claim upon which relief may be granted pursuant to RCFC 12(b)(4), or in the alternative, judgment should be granted upon the administrative reeox'd for the defendant pursuant to RCFC 56.1. After reviewing the briefs and hearing oral argument, the court hereby GRANTS defendant’s motion.

FACTS

Plaintiff, Patricia A. Gavin, is a former captain in the United States Air Force (USAF). In September 1991, while assigned to the…