Ayala v. United States

ORDER

HARKINS, Senior Judge.

This case is before the court on defendant’s motion to dismiss pursuant to RUSCC 12(b)(1), for lack of jurisdiction over the subject matter, and RUSCC 12(b)(4), failure to state a claim upon which relief can be granted. Plaintiff’s complaint seeks retroactive promotion, back pay, medical benefits and damages arising from a transfer from the Selected Marine Corps Reserves (SMCR) (reservists drilling and receiving pay) to the Independent Ready Reserves (IRR) (reservists in billets for which pay is not authorized). Plaintiff’s claim for back pay clearly is within the…