Martinez v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on defendant’s motion for summary judgment and plaintiff’s opposition thereto.

*560FACTS

Jose A. Martinez (“plaintiff”), a dishonorably discharged non-commissioned officer of the United States Army (the “Army”), brings suit alleging illegal discharge. Plaintiff seeks an order voiding his court-martial conviction, correcting his military records to expunge the court-martial, awarding him backpay, and reinstating him to active duty.

Plaintiff enlisted in the Army on September 13, 1971, after having served approximately one and…