Wheeler v. United States

*757ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion to dismiss. Plaintiff contended that defendant’s interpretation of 10 U.S.C. § 1072(2)(G)(ii) regarding her dependency status violated the intention of Congress, and that defendant’s regulation which prohibits appeal of dependency determinations violated her Due Process rights under the Fifth Amendment. Defendant challenged plaintiffs’ complaint based on a lack of subject matter jurisdiction and failure to state a claim.

I. Facts

Plaintiff, Phoenix W. Wheeler, is the unremarried former spouse of a retired…