Elliott v. United States

OPINION

HODGES, Acting Chief Judge.

Plaintiff filed this action seeking separation pay that he was allegedly due in 1993, when he resigned from the United States Army rather than be discharged for misconduct. Defendant United States moved for dismissal pursuant to Rules of the Court of Federal Claims [hereinafter “RCFC”] 12(b)(1) and/or 12(b)(6) or, in the alternative, judgment on the administrative record. For the following reasons, Defendant’s Motion to Dismiss is hereby GRANTED.

I. Background

Plaintiff Charlie Elliott served at various ranks in the United States Army from 1986 until 1993. In…