Cappella v. United States

This military pay case is before the court on cross-motions for summary judgment. Plaintiff sues for back pay he claims was wrongfully withheld pursuant to an administrative disciplinary proceeding his commanding officer conducted under Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815 (1976). Briefs were filed, and we heard oral argument, at which only the defendant’s counsel appeared. We hold for the defendant, and dismiss the petition.

I

Plaintiff was a petty officer stationed on the U.S.S. Blue Ridge in Hong Kong in September 1978. The evidence before the officer…