Stein v. United States

Military Pay Act, 37 U.S.C. § 204; Lack of Subject Matter Jurisdiction; Motion to Dismiss; Motion for Judgment on the Administrative Record; 10 U.S.C. § 1201; 10 U.S.C. § 1214.

OPINION

HORN, J.

FINDINGS OF FACT

Plaintiff Kevin M. Stein filed a complaint in the United States Court of Federal Claims, “for wrongful discharge from the U.S. Navy and denial of retired retainer pay, or in the alternative, an action to recover military disability retirement pay and benefits.” Plaintiff initially enlisted in the United States Navy on November 21, 1988, serving until 1994. Plaintiff states, “[ajfter a…