Schwartz v. United States

OPINION AND ORDER

FUTEY, Judge.

This military pay case is before the court on cross-motions for summary judgment. Plaintiff, a former staff sergeant in the United States Army, received severe and permanent injuries in a motorcycle accident. The Army determined that the accident was the result of excessive speed and voluntary intoxication and denied plaintiff disability retirement and benefits. Plaintiff alleges that defendant’s determination was not in accordance with military regulations and was arbitrary, capricious, and not supported by substantial evidence. Plaintiff seeks disability…