Philip L. Anderson v. United States

Military Pay; Nonjusticiable Challenge to Merits of Allegedly Wrongful Discharges; No Violation of Statute, Regulation or Procedure; Rights to Due Process and Equal Protection Under the Fifth Amendment Not Violated.

OPINION

Bush, Judge.

This military pay ease is before the court on defendant’s motion to dismiss, or, in the alternative, motion for judgment upon the administrative record, filed under Rules 12(b)(1), 12(b)(6) and 52.1 of the Rules of the United States Court of Federal Claims (RCFC). Defendant’s motion has been fully briefed and is ripe for decision. Although plaintiffs requested…