Kindred v. United States

OPINION and ORDER

TURNER, Judge.

Plaintiff, a former Navy officer, seeks compensation under 28 U.S.C. § 1491(a) and 37 U.S.C. § 204 for his allegedly unlawful discharge from the Navy for homosexual conduct. This case stands on defendant’s motion to dismiss or for summary judgment and plaintiffs cross-motion for summary judgment. For reasons set forth below, we conclude that defendant’s motion to dismiss or for summary judgment should be denied and that plaintiffs cross-motion for summary judgment should be granted.

I

At the outset, it is appropriate to describe the administrative discharge…