Wales v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on cross-motions for summary judgment.

FACTS

The following facts, which are uncontested unless otherwise noted, are taken from the administrative record and the parties’ statements of facts. On December 6, 1981, Rocky L. Wales (“plaintiff”), a staff sergeant (E-6) in the United States Army (the “Army”) serving in South Korea, who had been on active duty for all but four months since January 23, 1969, was at the Yongsan Military Reservation Commissary. Plaintiff’s wife and son had selected groceries and other items and left…