Zoesch

This military pay case comes before the court on defendant’s motion to dismiss. Plaintiff contends that he has been wrongfully denied retired pay under 10 U.S.C. §1331, et. seq. (1976). The principal factual issue is whether plaintiff had at least twenty years of qualifying service in the military. The Government interposes the statute of limitations, 28 U.S.C. §2501 (1970). We grant the Government’s motion.

Plaintiff, Arnold B. Zoesch, enlisted in the United States Navy on September 21, 1942, and served on active duty until October 23, 1946. During the ensuing twenty years, plaintiff served…