Thomas E. Rigsbee v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
LINN, Circuit Judge.
Thomas E. Rigsbee seeks review of a final decision of the Court of Federal Claims (“CFC”) dismissing Rigsbee’s suit for failure to state a claim upon which relief can be granted. See Rigsbee v. United States, 46 Fed.Cl. 120 (2000). Because the CFC erred in its analysis of whether Rigsbee’s retirement should be considered voluntary, we vacate the dismissal and remand.
BACKGROUND
Rigsbee was a major in the Army. While serving as Company Commander of an Aviation Regiment, he received an Officer Evaluation Report (“OER”) for the period February 19, 1992 through February 18,…
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