Bish v. United States

ORDER

BRUGGINK, Judge.

Plaintiff seeks military pay for what he asserts was active duty and what the government asserts was a period after his proper dishonorable discharge from the Army. The defendant has moved to dismiss pursuant to RUSCC 12(b)(4). Because materials outside the complaint were proffered, the court notified the parties that it would treat the motion as brought pursuant to RUSCC 56, and permitted both sides to make any additional submissions. Oral argument is deemed unnecessary. For the reasons that follow, defendant’s motion is granted.

Plaintiff was a sergeant in the Army, with…