Legal Opinion

Gallucci v. United States

United States Court of Federal Claims

Decided August 18, 1998No. 96-614CPublishedCited by 22 opinions

1Opinion of the Court

OPINION

MEROW, Judge.

This case is before the court on defendant’s motion to dismiss the complaint pursuant to Rules 12(b)(1) and (4) of the Rules of the Court of Federal Claims (“RCFC”) for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. After Non Judicial Punishment (“NJP”) was imposed upon plaintiff, his superiors advised him to elect voluntary resignation under the Voluntary Separation Incentive (“VSI”) program rather than face the consequences of an anticipated recommendation for administrative discharge. Plaintiff unwillingly followed…

2Cases cited35 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  3. Orloff v. WilloughbySupreme Court of the United States · 1953
  4. John G. Rocovich, Jr. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  5. David W. Heisig v. The United StatesCourt of Appeals for the Federal Circuit · 1983

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3Cited by22 opinions

  1. Milas v. United StatesUnited States Court of Federal Claims · 1999
  2. Stine v. United StatesUnited States Court of Federal Claims · 2010
  3. Osborn v. United StatesUnited States Court of Federal Claims · 2000
  4. Miller v. United StatesUnited States Court of Federal Claims · 2015
  5. Murphy v. United StatesUnited States Court of Federal Claims · 2006

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