Hamon v. United States

OPINION

ON DEFENDANT’S MOTION TO DISMISS

SETO, Judge.

In this military pay case, plaintiff seeks to collect pay, allowances, and benefits for the fourteen-month period following his separation from active duty, based on the Coast Guard’s failure to issue his Honorable Discharge Certificate on the date his enlistment contract expired. Defendant’s motion to dismiss, or in the alternative, for summary judgment, raises three issues: (1) whether plaintiff states a claim upon which relief can be granted; (2) whether plaintiff’s claim is barred by the six-year statute of limitations; and (3) whether…