Collins v. United States

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This case is before the court after argument on defendant’s motion to dismiss for lack of subject matter jurisdiction or failure to state a claim for which relief can be granted. The key issue for decision is whether a statute entitling active-duty servieemembers involuntarily discharged for homosexuality to separation pay and requiring payment of ei*439ther 100% or 50% of pay — reserving to regulations the determination of eligibility and exclusion — qualifies as a money-mandating statute when the Secretary of Defense reserves discretion…