Fletcher v. United States

OPINION

NAPIER, Judge:

This case comes before the Court on “Defendant’s Motion to Dismiss” for lack of jurisdiction and for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(1) of this Court.

*777Plaintiff, David J. Fletcher, a physician and former medical officer in the United States Army seeks to recover medical additional special pay for military service served while plaintiff was simultaneously seeking discharge from the military as a conscientious objector.

Having reviewed the submissions of the parties, the relevant statute and its legislative history and the…