Loeh v. United States

ORDER

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss or, alternatively, for summary judgment. The issue to be decided is whether plaintiff is entitled to judgment amounting to the immediate issuance of military retirement pay from the United States Department of the Navy (the “Navy”) pursuant to 10 U.S.C. §§ 629, 632, 642, and 6323 (2000). Alternative issues to decided are whether the Navy violated its own regulations for processing retirement requests; the Administrative Procedure Act (the “APA”), 5 *3U.S.C. § 551 (2000); or plaintiffs right under the Constitution.…