Peoples v. United States

OPINION AND ORDER

SWEENEY, Judge.

Plaintiff, a retired lieutenant commander with the United States Naval Reserve (“Naval Reserve”) alleges that pursuant to the controlling law and regulations, the United States Navy (“Navy”) was required to postpone his mandatory separation for medical reasons, and that the decision of the Board for Correction of Naval Records (“BCNR”) to the contrary was arbitrary, capricious, contrary to law, and unsupported by substantial evidence. Before the court are Defendant’s Motion to Dismiss, or, in the Alternative, for Judgment Upon the Administrative Record and…