Garcia v. United States

Plaintiff, Nicholas A. Garcia, Jr., filed suit in this court on May 12, 1978, seeking military retirement pay under 10 U.S.C. § 13311 for the period from October 6, 1967, to *112October 18,1970. Defendant concedes that plaintiff satisfies all the age and service requirements of the statute, but contends that plaintiffs claim is barred by this court’s 6-year statute of limitations. The question of limitations is thus the sole- issue presented by the parties’ cross-motions for summary judgment. For the reasons set out below, we find that plaintiffs petition is not barred by limitations and that…