Wilkinson v. United States

OPINION

MARGOLIS, Judge.

This military back pay case comes before the court on the defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. Because matters outside the pleadings were presented by the parties, the court will treat the defendant’s motion as a motion for summary judgment. The plaintiff, Michael W. Wilkinson, is a former member of the United States Army (“Army”). Wilkinson seeks back pay on the ground that he was never formally discharged because the Army failed to deliver to him a Certificate of Discharge. After a complete review of the entire…