Matthew E. Levine v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
NEWMAN, Circuit Judge.
Dr. Matthew E. Levine appeals the decision of the Court of Federal Claims, dismissing his complaint pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). 1 We affirm the decision.
BACKGROUND
The issue is the calculation of Dr. Levine’s years of military service, and commensurate retirement pay.
Dr. Levine was appointed a First Lieutenant in the United States Army Reserve on March 25, 1963. On August 10, 1964 he was ordered to active duty, and served on active duty until August 8, 1966. He then was transferred to the Reserve, where he…
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