Siemietkowski v. United States

*194OPINION

FIRESTONE, Judge.

Pending before the court is the motion by the United States (“government” or “defendant”) to dismiss the plaintiffs complaint for lack of jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) and RCFC 12(b)(6) for failure to state a claim upon which relief can be granted. In the alternative, the government seeks judgment on the administrative record pursuant to RCFC 52.1.

The plaintiff, John J. Siemietkowski (“Mr. Siemietkowski”), an Army Reserve Judge Advocate General (“JAG”) officer,1 claims that the government acted…