Sammt v. United States

OPINION

LYDON, Judge:

This military pay case comes before the court on motions for summary judgment, both parties claiming there are no material issues of fact in dispute and each claiming entitlement to judgment as a matter of law. The issue, as framed by plaintiff, is whether or not he is entitled to back pay from October 31, 1977, the date he was retired from the Army, until the date of judgment herein, based upon his contention that his twice nonselection for promotion to the grade of lieutenant colonel was invalid due *276to the fact that his personnel file contained erroneous material at the…