Brown v. United States

OPINION

SMITH, Chief Judge

This case is before the court on defendant’s motion to dismiss. Plaintiff seeks declaratory and injunctive relief from discharge1 from the United States Army, all payments and allowances to which he would have been entitled had he remained in active duty status, honorable discharge, and medical retirement benefits. Alternatively, plaintiff seeks reinstatement to active duty, retroactive promotion to the rank of Captain, back pay and allowances, and restoration of flight status.

The government has filed a motion to dismiss, claiming that (1) because plaintiffs…