Gilmore v. United States

This military pay case comes before us on defendant’s motion to dismiss on the ground that plaintiffs claim is barred by this court’s six-year statute of limitations. See, 28 U.S.C. §2501 (1976). For the purposes of this motion we accept the following allegations in the petition: Plaintiff Glenn M. Gilmore formerly served on active duty as an Army reserve officer. He was released from active duty on *830April 17, 1972, by an Army Active Duty Board. He now challenges the Active Duty Board’s decision because, he alleges, the records before it were materially in error since they reflected that he…