Canonica v. United States

OPINION and ORDER

TURNER, Judge.

Plaintiff, a retired member of the Air Force’s Selected Reserve,1 alleges that an Air Force mandatory, age-based retirement program applied to him is unlawful. This case stands on defendant’s motion filed November 6, 1995 to dismiss the ease for lack of subject-matter jurisdiction and/or for failure to state a claim upon which relief can be granted.2 We conclude that, on one ground or another, defendant’s motion must be granted with respect to each aspect of plaintiffs claim.

I

Effective as of January 1, 1989, the Air Force established by regulation a mandatory…