Duncan v. United States

OPINION

HORN, Judge.

These military pay cases1 are before the Court on defendant’s Motions to Dismiss, pursuant to the Rules of the United States Claims Court (RUSCC) 12(b)(4). Defendant asserts that plaintiffs fail to state a claim upon which relief can be granted. Plaintiffs opposed defendant’s Motions to Dismiss and moved, alternatively, for summary judgment on the merits, or to go forward with the proceedings.

Plaintiffs retired in the grade of Chief Warrant Officer Two, after active military service careers in excess of twenty accrued years in the regular and reserve Army. Plaintiffs seek…