Keller v. United States

Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Military Pay; Request for Reinstatement; Wrongful Discharge; Statute of Limitations; Res Judicata; Claim Preclusion

OPINION AND ORDER

SWEENEY, Judge

Plaintiff Keith L. Keller, M.D. contends that the Air Force Board for Correction of Military Records (“AFBCMR”) arbitrarily and capriciously failed to recommend his reinstatement to active duty. Defendant moves to dismiss plaintiffs complaint, arguing that plaintiffs claim is barred by both the statute of limitations and the doctrine of res judicata. For the reasons set forth below, the court grants…