Carmichael v. United States

OPINION and ORDER

FUTEY, Judge.

This military pay case is before the court on the parties’ cross-motions for summary judgment on Counts II and III of plaintiffs complaint, following a remand from the United States Court of Appeals for the Federal Circuit (Federal Circuit). As part of its remand instruction, the Federal Circuit carved-out four factors to guide this court’s analysis. The Federal Circuit stated:

We therefore remand for a hearing to determine Carmichael’s claim. The trial court must determine whether at the time Carmichael sought religious accommodation, the Navy “wrongfully” failed…