Colon v. United States

OPINION

YOCK, Judge.

This military disability retirement case comes before the Court on the defendant’s motion to dismiss the Complaint for lack of jurisdiction pursuant to United States Court of Federal Claims Rule (RCFC) 12(b)(1). The defendant maintains that more than six years have elapsed since the accrual of the plaintiffs claim, and thus the claim is barred by the statute of limitations set forth by 28 U.S.C. § 2501 (1994). After a thorough review of the entire record, the defendant’s motion to dismiss is granted.

Factual Background

The plaintiff, Richard Colon, a former enlisted member of…