Chayra v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on cross-motions for summary judgment. Plaintiff’s major argument is whether a decision of a military correction board denying an application for disability benefits should be overturned because he was denied a misconduct hearing prior to the determination that his disability was not service-related. Defendant moved separately to dismiss the complaint for lack of jurisdiction. The case was suspended on September 14, 1990, when it became apparent that defendant had lodged the same jurisdictional arguments in several appeals,…