United States Federal Circuit

Because plaintiff's retirement from the military met the requirements of 10 U.S.C. section 632 on the day he retired, his retirement was involuntary under the statute, and his claim may not be dismissed on the grounds that his voluntary retirement waived any entitlement to relief before the Court of Federal Claims.

Appellate Information

• Decided 02/05/2002
• Published 02/05/2002

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, SCHALL and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stewart J. Alexander, of San Antonio, TX, argued for plaintiff-appellant.


• For Appellees:
  
• J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.