Myers v. United States

OPINION

YOCK, Senior Judge.

This military pay disability retirement claim is now before the Court on the defendant’s motion to dismiss for lack of subject matter jurisdiction, or in the alternative, Judgment Upon the Administrative Record. The plaintiff opposes the defendant’s motion to dismiss and has cross-moved for Judgment Upon the Administrative Record. The defendant contends that since more than six years have elapsed since the accrual of the plaintiffs claim, the general statute of limitations, 28 U.S.C. § 2501 (1994), bars suit in this Court.

The plaintiff claims that the Army Board for…