Nickerson v. United States

OPINION

FUTEY, Judge.

This action is before the court on defendant’s motion for summary judgment upon the administrative record. Plaintiff opposes the motion arguing that genuine issues of material fact exist, which preclude the granting of such a motion.

Factual Background

On February 25, 1971, plaintiff enlisted and entered active duty in the United States Navy. Plaintiff served on active duty from the date of his enlistment until October 1, 1989, when he was honorably discharged with disability severance pay. At the time of his discharge, plaintiff had served on active duty for eighteen years…