Deemer v. United States

Military Pay; Disability Severance Pay; Age-based Retirement; Jurisdiction; Statute of Limitations; RCFC 12(b)(1) and 12(b)(6)

OPINION AND ORDER

YOCK, Senior Judge.

This military pay case is before the court on defendant’s motion to dismiss. Plaintiff, Leonard Deemer, a retired Commander in the United States Navy Reserve, alleges that he is entitled to age-based retirement pay under 10 U.S.C. § 1213 and 10 U.S.C. § 1414. Defendant has filed a motion to dismiss pursuant to 28 U.S.C. § 1951 and Rules of the Court of Federal Claims (“RCFC”) 12(b)(1) and 12(b)(6) for lack of jurisdiction, or, in the…