Krzeminski v. United States

OPINION

BRUGGINK, Judge.

This military pay case is presently before the court on defendant’s motion to dismiss or, in the alternative, for summary judgment and on plaintiff’s cross-motion for partial summary judgment. Upon consideration of the written and oral submissions of the parties and for reasons set out below, defendant’s motion is denied and plaintiff’s motion is granted.

BACKGROUND

The court notes at the outset that this is not the typical military pay case in which the Claims Court is reviewing a decision of a military records correction board. The plaintiff, Michael Krzeminski, was…