Bates v. United States

OPINION

MEROW, Judge.

In this suit plaintiff Bobby L. Bates alleges that the defendant violated the applicable statutes and regulations by releasing him prematurely from active duty in the Army. This matter is now before the Court on dis-positive motions filed by the parties. For the reasons discussed below, plaintiff’s motion for summary judgment is granted and defendant’s dispositive motions are denied.

*52 FACTS

Unless otherwise noted, the following facts are not in dispute. In November 1963, plaintiff entered the Army as a second lieutenant and remained on active duty until June 1980 when he was…