Paalan v. United States

OPINION

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss and plaintiffs motion for summary judgment. Plaintiff, whose term of service in the United States Department of the Navy (the “Navy”) was extended involuntarily when he was court-martialed, seeks back pay pursuant to 37 U.S.C. § 204(a) (1994), 10 U.S.C. § 6330(a)-(c) (2000), and 5 U.S.C. § 8301(a) (2000), and compensation for a Fifth Amendment taking of his personal property. Among the issues to be decided are whether plaintiff retired from active duty service; whether the doctrine of issue preclusion — in…