Rogers v. United States

OPINION

REGINALD W. GIBSON, Judge:

This military pay, record review, case is before the court on the parties’ cross-motions for summary judgment.1 Jurisdiction is premised herein on 28 U.S.C. § 1491(a)2 and 10 U.S.C. § 1552.3 The *678plaintiff, Edwin L. “Ted” Rogers, Jr., is a former serviceman who was given an involuntary honorable discharge from active duty in the United States Army in December 1982 for the reason that he was determined to be a “DRUG ABUSE-REHABILITATION FAILURE,” based on four previous 1982 positive urinalysis tests, three of which were later determined to be either legally or…