Dean v. United States

OPINION AND ORDER

SWEENEY, Judge.

Before the court is the government’s motion to dismiss (“motion”). In this action, plaintiff alleges that he was wrongfully discharged from the United States Air Force (“Air Force”) without being assigned the correct percentage rating for service-connected disabilities. The government moves to dismiss the complaint pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) on the basis that the governing statute of limitations, 28 U.S.C. § 2501, precludes the court from entertaining the complaint. The court deems oral argument…