Lippmann v. United States

RCFC 12(b)(6); RCFC 12(d); RCFC 52.1; RCFC 56; the Military Pay Act, 37 U.S.C. § 204; 10 U.S.C. § 1169; 14 U.S.C. § 357.

MEMORANDUM OPINION AND ORDER

GRIGGSBY, Judge

I. INTRODUCTION

In this military pay action, plaintiff, Marcus Randolph Lippmann, challenges the United States Coast Guard’s decision to involuntarily retire him from active duty service pursuant to the recommendation of a Career Retention Screening Panel (“CRSP”). The government has moved to dismiss plaintiffs complaint for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(6) of the Rules of the…