Krauss v. United States

OPINION

YOCK, Judge.

This military pay case is before the Court on the Defendant’s Motion to Dismiss or for Judgment Upon the Administrative Record. The plaintiff has filed an opposition to the dispositive motions but has elected not to file a cross-motion. Oral argument was not requested and is deemed unnecessary. For the reasons set forth below, the Government’s motion to dismiss is denied, the alternative motion for judgment upon the administrative record is granted, and the Complaint is to be dismissed.

Factual Background

The plaintiff accepted appointment as an ensign in the United States…