Lee v. United States

OPINION

ROBINSON, Judge:

This matter is before the court on defendant’s motion to dismiss or, in the alternative, for summary judgment and plaintiffs cross-motion for summary judgment.

Plaintiff, Mr. James A. Lee, a commissioned officer in the United States Air Force Reserve (“USAFR” or “Air Force”), was honorably discharged based on substandard performance of duty. Mr. Lee contends that his discharge was unlawful and seeks back pay and reinstatement. Defendant argues that this court cannot hear this claim because this issue is nonjusticiable since the military has discretion in deciding whether…