Ruizgarcia v. United States

OPINION AND ORDER

WILSON, Judge.

This military pay action is before the Court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted1 and plaintiffs motions for summary judgment and discovery. For the reasons set forth below, defendant’s motion is GRANTED and plaintiffs motions are DENIED.

BACKGROUND

On February 1, 1993, plaintiff voluntarily enlisted in the United States Marine Corps for an eight-year term, comprised of four years of active duty and four years of inactive reserve duty. In August 1996, plaintiff was charged with violating the Uniform Code…