Gay v. United States

ORDER

ALLEGRA, Judge:

This military pay case is before the court on defendant’s motion to dismiss for lack of jurisdiction under RCFC 12(b)(1). For the following reasons, the court GRANTS, IN PART, and DENIES, IN PART, defendant’s motion.

I

A brief recitation of the facts provides necessary context.1

Nathaniel Gay (plaintiff) served in the U.S. Marine Corps from July 1, 2002, to June 10, 2003, and in the U.S. Amy from August 31, 2004, to November 19, 2007. He received “a General (Under Honorable Conditions)” discharge from the Army,2 at the rank of pri*684vate first class and a pay grade of E-I. On or…