Halliday v. United States

OPINION ON DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

PHILIP R. MILLER, Judge:

Question Presented

The issues herein are whether or not plaintiff’s claim for promotion to and retirement as a Marine Corps brigadier general, pursuant to 10 U.S.C. § 5149(c), is barred by the statute of limitations, and, if not, whether the court may properly review the Secretary of the Navy’s exercise of discretion in denying such promotion?

Statement

Since defendant’s motion is addressed to the sufficiency of the pleadings, the pertinent facts set forth herein are taken from the plaintiff's complaint, and…