Werking v. United States

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

TIDWELL, Judge:

Dennis Max Werking brought this suit against the United States seeking correction of his Air Force records and back pay for an alleged unlawful discharge. Defendant counterclaimed for the amount of $1,526.24, representing pay and allowances erroneously paid to plaintiff.1 Both parties moved for summary judgment. The court, after careful review of the record and hearing of oral argument on November 10,1983, denies plaintiff’s motion for summary judgment and grants defendant’s counterclaim on summary judgment.

FACTS

On November 1,1974,…