Blum v. United States

This military pay case comes before us now, without oral argument, on defendant’s motion to dismiss the action for failure to state a claim within the jurisdiction of this court. The pro se plaintiff has not filed a response to defendant’s motion. For the reasons set forth below, we deny the Government’s motion to dismiss without prejudice to the defendant’s filing of a motion for summary judgment.

Plaintiff Albert Blum was voluntarily retired from service in the Army in 1976. At that time, he requested, but was denied, a determination of the percentage of his disability to perform military…