Neptune v. United States

OPINION

MOODY R. TIDWELL, III, Judge.

This case arises out of defendant’s renewed motion to dismiss for failure to state a claim or, in the alternative, for judgment on the administrative record, filed April 25, 1996, and plaintiffs’ renewed cross motion for summary judgment, filed October 9, 1996. There are two substantive issues in dispute, as well as a jurisdictional argument raised in the motion to dismiss. The first substantive issue is whether the Air Force’s promotion system violates controlling statutes and regulations. The second issue, concerning only Major Neptune, centers on whether…