Miller v. United States

OPINION

HORN, Judge.

BACKGROUND

This case comes before the court on defendant’s motion to dismiss or in the alternative for summary judgment, and on plaintiff’s opposition to defendant’s motion to dismiss and cross-motion for summary judgment. Plaintiff, an active-duty officer in the United States Coast Guard, claims he was wrongfully passed over for promotion to the rank of lieutenant in 1987 as a result of an allegedly defective 1984 performance evaluation and the improper selection procedures of the 1987 promotion board.1 The Coast Guard Board for the Correction of Military Records (“BCMR”)…