Fleming v. United States

MEMORANDUM OF DECISION

NETTESHEIM, Judge.

At the conclusion of oral argument on March 18, 1983, the court announced its decision granting defendant’s motion for summary judgment. The following memorializes the reasons for that decision.

FACTS

Plaintiff served for varying periods from September 18, 1958, through December 10, 1980, with the United States Marine Corps Reserve, the United States Marine Corps, the United States Army, and the United States Army Reserve. He achieved a promotion to the permanent grade of captain in the Regular Army on June 8, 1973, and to the temporary grade of major on…