Felix E. Perez v. United States

PLAGER, Circuit Judge.

This is a military pay case in which Felix E. Perez (“Perez”) claims he was wrongfully retired in a rank below that to which he is entitled. In 1981 Perez held a commission in the United States Army Reserves (“Army Reserves”), and was serving on active duty. In 1982, pursuant to legislation eliminating dual-status commissions, and after receiving advice from Department of the Army (“Army”) personnel, Perez elected to integrate into the United States Regular Army (“Regular Army”), thereby ending his service in the Army Reserves in which he held the reserve rank of…