Yount v. United States

OPINION

LYDON, Senior Judge:

This military pay case is before the court on defendant’s motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction, pursuant to RUSCC 12(b)(1), or, in the alternative, for summary judgment, which plaintiff opposes. Plaintiff John M. Yount (Yount), a former member of the Tennessee Air National Guard, seeks, in his complaint, to set aside his discharge for misconduct, to be reinstated with back pay and allowances, and to be considered for disability retirement benefits.1 On May 1, 1991, the court heard oral argument on the motion now pending…