Jefferson v. United States

OPINION

HEWITT, Judge.

Before the court is Defendant’s Motion to Dismiss, and in the Alternative, Motion for Judgment upon the Administrative Record (Def.’s Mot. or defendant’s motion). The motion has been fully briefed.1 For the rea*435sons discussed below, defendant’s motion for judgment upon the administrative record is GRANTED.

1. Background

The pertinent facts in this case are not in dispute.2 Plaintiff is an active-duty member of the United States Air Force. Def.’s Facts U1. Plaintiff, a noncommissioned officer, held the rank of technical sergeant (E-6) at the time he was the subject of an Air…