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PEREZ v. U.S.

No. 97-5103.

156 F.3d 1366 (1998)

Felix E. PEREZ, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 9, 1998.

Attorney(s) appearing for the Case

Mark L. Waple, Waple & Associates, of Fayetteville, North Carolina, argued for plaintiff-appellant.

Martin F. Hockey, Jr., Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief was Major Douglas K. Mickle, Attorney, Office of the Judge Advocate General, Army Litigation Center, Litigaton Division, U.S. Department of the Army, of Arlington, Virginia.

Before RICH, PLAGER, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

This is a military pay case in which Felix E. Perez ("Perez") claims he was wrongfully retired in a rank below that to which he is entitled. In 1981 Perez held a commission in the United States Army Reserves ("Army Reserves"), and was serving on active duty. In 1982, pursuant to legislation eliminating dual-status commissions, and after receiving advice from Department of the Army ("Army") personnel, Perez elected to integrate into the United...

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