Dan D. Diamond v. The United States

COLLINS, Judge.

Plaintiff, a former member of both the Army and the Air Force, is asserting three alternative claims. The first two claims are for disability retirement pay denied plaintiff by the Army and by the Air Force, respectively. The third claim is for the active duty pay of an Army master sergeant and is based upon the allegedly unlawful rejection of plaintiff's attempt, at the time of his release from the Air Force, to reenlist in the Army. 1 Defendant has moved to dismiss the petition on the ground that each of plaintiff’s claims is barred by the statute of limitations, 28 U.S.C. §…