Brigante v. United States

OPINION

MARGOLIS, Judge.

This military back pay case is before the court on defendant’s motion to dismiss. Plaintiff, Angelo Brigante, enlisted in the United States Navy in 1973, and rose to the level of E-9, Master Chief Petty Officer. In 1994, Brigante was selected for involuntary early retirement or transfer to the Naval Fleet Reserve by an Enlisted Selective Early *528Retirement Board (ESERB). The ESERB was necessitated by changes in personnel policies which were made to meet manpower reduction requirements and to keep the number of senior petty officers on active duty within legal limits.…