Metz v. United States

OPINION AND ORDER

LETTOW, Judge.

This military pay case is before the Court on defendant’s motion to dismiss or, in the alternative, for judgment upon the administrative record and plaintiffs cross-motion for judgment upon the administrative record. Plaintiff, Kevin J. Metz (“Master Sergeant Metz” or “Metz”) was a Master Sergeant (“MSgt.”) in the United States Air Force who in 1994 was administratively separated from the military under other than honorable conditions in lieu of a trial by court-martial after testing positively for the use of marijuana. Plaintiff asserts (1) that his separation…