Cooper v. United States

*772OPINION

MARGOLIS, Judge.

This military back pay case is before the court on the defendant’s motion to dismiss. Plaintiff is a former Army officer honorably discharged for twice failing to receive a promotion to the next highest rank. Plaintiff alleges that the promotion was denied because of his prior court-martial convictions, and further alleges that those convictions were the result of constitutionally infirm proceedings. Therefore, plaintiff has mounted a collateral attack on the court-martial convictions, asking this court to set aside both the convictions and the subsequent discharge, to…