McMullen v. United States

OPINION

DAMICH, Judge.

This case is before the Court on the Defendant’s motion to dismiss pursuant to Rule 12(b)(4) of the Rules of the Court of Federal Claims (“RCFC”) or, in the alternative, motion for judgment upon the administrative record1 pursuant to RCFC 56.1 and the Plaintiffs motion for judgment upon the administrative record pursuant to RCFC 56.1. The Plaintiff challenges the decision of the Army Board for Correction of Military Records (“ABCMR”) upholding his involuntary removal from active duty and the imposition of non-judicial punishment upon him under Article 15 of the Uniform…