Petrick v. United States

12 Cl. Ct. 700, 1987 U.S. Claims LEXIS 132
CourtUnited States Court of Claims
DecidedJuly 22, 1987
DocketNo. 111-86C
StatusPublished
Cited by6 cases

This text of 12 Cl. Ct. 700 (Petrick v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petrick v. United States, 12 Cl. Ct. 700, 1987 U.S. Claims LEXIS 132 (cc 1987).

Opinion

OPINION

SMITH, Chief Judge.

This case is before the court on Defendant’s Motion to Dismiss pursuant to RUSCC 12(b). Plaintiff claims that his discharge from the United States Air Force is invalid because it violated his constitutional right of due process under the Fifth Amendment and was accomplished in violation of applicable Air Force Regulations. The dispute centers on the parties’ conflicting interpretations of the applicable Air Force Regulation. For the reasons set forth below, the court rejects plaintiff’s arguments and, accordingly, Defendant’s Motion to Dismiss is granted.

Facts

Plaintiff, George S. Petrick, held the rank of Major in the United States Air Force. In July of 1982, plaintiff was contacted about an assignment to the Air Force Research Associate Program. Plaintiff made it known to his superiors that he did not want this assignment and he wanted to be classed as a “non-volunteer” for the assignment. He was informed, however, that he had to either accept the assignment or exercise his Seven-Day Option[702]*702

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Related

Harris v. United States
102 Fed. Cl. 390 (Federal Claims, 2011)
Talbot v. United States
40 Fed. Cl. 801 (Federal Claims, 1998)
Mai v. United States
22 Cl. Ct. 664 (Court of Claims, 1991)
Tannehill v. United States
18 Cl. Ct. 296 (Court of Claims, 1989)
Steffan v. Cheney
733 F. Supp. 115 (District of Columbia, 1989)
Krzeminski v. United States
13 Cl. Ct. 430 (Court of Claims, 1987)

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Bluebook (online)
12 Cl. Ct. 700, 1987 U.S. Claims LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petrick-v-united-states-cc-1987.