Brown v. United States

ORDER

MILLER, Judge.

Presenting the issue whether plaintiff is entitled to pay and allowances for the period during which action on his court-martial sentence was set aside, even though his conviction was not disturbed, this case is before the court after briefing on defendant’s motion to dismiss pursuant to RCFC 12(b)(4) or, in the alternative, for summary judgment pursuant to RCFC 56. Argument is deemed unnecessary.

FACTS

Pursuant to a general court-martial, Charles W. Brown, Jr. (“plaintiff”), a Specialist with the United States Army, was convicted of rape in violation of what is now 10 U.S.C.…