Burns v. United States

OPINION

WOOD, Judge:

In this action, before the court on defendant’s motion for summary judgment and plaintiff’s opposition thereto, plaintiff, an Army Reserve officer released from active duty in 1978 following two nonselections for promotion to the temporary grade of lieutenant colonel, Army of the United States, sues to recover the basic pay and allowances of a major from and after the date of his relief from active duty (or, alternatively, “damages * * * of $500,000 * * * for the loss of future retirement benefits * * 1

The amended complaint herein contains six counts. In general terms,…