Demo v. United States

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WHITE, Senior Judge.

This military pay case is before the court on the plaintiff’s motion and the defendant’s cross-motion for summary judgment.

There does not appear to be any controversy between the parties concerning the material facts of the case.

For the reasons stated hereafter, it is concluded that the plaintiff’s motion should be denied, and that the defendant’s cross-motion should be granted.

The Facts

The plaintiff, Joseph M. Demo, enlisted in the Army on November 15, 1965, for a period of 3 years. His military service included a 1-year tour…