Warner v. United States

OPINION

BRUGGINK, Judge.

This is an action for disability retirement pay. Plaintiff, Zachary C. Warner, was separated from the United States Air Force after a physical evaluation board (“PEB”) determined he was unfit for duty and recommended his discharge without disability benefits. Pending are the parties’ cross-motions for judgment on the administrative record under Rule 52.1 of the Rules of the Court of Federal Claims (“RCFC”). Oral argument is deemed not necessary. For the reasons set forth below, we grant defendant’s motion.

BACKGROUND

After enlisting in the Air Force, Mr. Warner started…