Coon v. United States

OPINION

REGINALD W. GIBSON, Judge:

This military pay ease is before the United States Court of Federal Claims1 on defendant’s motion to dismiss for lack of subject matter jurisdiction, filed on April 21, 1992, and, alternatively, on the parties’ cross-motions for summary judgment filed on November 30, 1992, and January 12, 1993. Defendant’s primary motion to dismiss asserts that plaintiffs claims for an increase in disability retirement compensation and retroactive promotion to the rank of major with back pay,2 are barred by the statute of limitations imposed under 28 U.S.C. § 2501.3 For the *533rea…