Walker v. United States

OPINION

YOCK, Judge.

This hybrid military/civilian pay case is before the Court on the Defendant’s Motion to Dismiss, or in the Alternative, for Judgment upon the Record. The plaintiff contends that he deserves a trial on the merits of his Complaint, which alleges that the United States wrongfully discharged him from both his military and civilian positions in the Georgia Air National Guard (“GaANG”). The defendant argues that the Complaint must be dismissed pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) for lack of subject matter jurisdiction or…