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PARDO v. UNITED STATES

No. 259-79C.

648 F.2d 1330 (1981)

Lt. Col. Jorge M. PARDO v. The UNITED STATES.

United States Court of Claims.

May 6, 1981.

Attorney(s) appearing for the Case

Michael J. Gaffney, Washington, D. C., atty. of record, for plaintiff. Gaffney, Anspach, Schember, Klimasti & Marks, P. C., Washington, D. C., of counsel.

Virginia I. Bradley, Washington, D. C., with whom was Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and NICHOLS and KUNZIG, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

KUNZIG, Judge.

This military pay case comes before the court on the parties' cross-motions for summary judgment. By this action, plaintiff seeks an award of Variable Incentive Pay (VIP) for the period September 12, 1974 to June 30, 1975. Plaintiff contends that he was improperly denied VIP upon the basis of an allegedly defective Officer Efficiency Report (OER) covering his service from June 11, 1973 to April 9, 1974...

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