Harper v. United States

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This case is before the court after supplemental briefing on defendant’s motion to dismiss for failure to state a claim upon which this court can grant relief and subsequent motion for judgment on the administrative record. The issue for decision is whether, based on the facts pleaded in the complaint, plaintiffs discharge from the United States Marine Corps (the “Marine Corps”) was lawful, thus rendering him ineligible for reenlistment in the Marine Corps and thereby removing him from the purview of the Military Pay Act, 37 U.S.C. §…