Fulbright v. United States

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This matter is before the court on defendant’s motion to dismiss pursuant to RCFC 12(b)(1), challenging the subject matter jurisdiction of plaintiffs claim for disability retirement pay as time-barred by the six-year statute of limitations imposed by 28 U.S.C. § 2501 (2006). The unusual posture of this case stems from plaintiffs claim that he is entitled to disability processing from active service because he later was released from reserve status due to the same disability. Argument is deemed unnecessary.

FACTS

The extracts of plaintiffs military…