Mulcahy v. United States

Plaintiff filed this petition under Rule 36 one day before the expiration of the limitations period on his claim. Plaintiff was separated from the Air Force Reserve because he was twice passed over for promotion, and he alleges that the second selection board, convened October 7, 1974, was illegally constituted because its membership did not include an appropriate number of Reserve officers, In Stewart v. United States, 222 Ct. Cl. 42, 611 F.2d 1356 (1979), we held that a separation pursuant to such an illegally constituted board is invalid.

Defendant moves to dismiss the petition for failure…