Arens v. United States

OPINION

HORN, Judge.

This case is before the court on defendant’s Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment and plaintiff’s motion in response, which also asked for summary judgment in his favor.

In his amended complaint before this court, plaintiff, Gerald Arens, seeks all back-pay and allowances in the grade of Lieutenant Commander, for the period from July 1, 1983, the date of his involuntary retirement from the United States Coast Guard (USCG), to the date of judgment. Furthermore, plaintiff requests that he be recalled to active duty, and…