Soukaras v. United States

Plaintiff, presently major, USAR honorary, formerly major, AUS, claims he should have been retired from active duty by reason of physical incapacity due to active service. This suit is for (1) active-duty pay from the date he was released from active duty to the date he accepted an honorary reserve commission, (2) retired pay thereafter, and (3) interest.

Defendant has filed a motion to dismiss plaintiff’s amended petition on the grounds (1) the petition shows on its face that it is barred by the statute of limitations, 28 U. S. C. § 2501, and (2) it appears on its face that the petition is…