Scarseth v. United States

OPINION

HORN, Judge.

Plaintiff, Paul J. Scarseth, a former United States Army Reserve officer, brought this action seeking relief in the form of voiding his discharge from the military, reinstatement with back pay, and a disability retirement. The defendant filed an earlier motion to dismiss on August 2, 1999, arguing that plaintiff had cited no money mandating statute on which to base jurisdiction in this court and failure to state a claim on which relief may be granted. The court denied defendant’s motion to dismiss. The court held that plaintiff could claim back pay under 37 U.S.C. § 204, a…