GAY v. USA

Filing 19

ORDER STAYING CASE. This case is REMANDED to the Army Board for the Correction of Military Records. Status Report due by 3/9/2011 and every 6 months thereafter, defendant shall file an interim status report regarding the remand proceedings. Defendant shall also notify the court once the ABCMR has resolved plaintiffs claims. Signed by Judge Francis M. Allegra. (si)

In The United States Court of Federal Claims
No. 09-370C (Filed: September 9, 2010) __________ NATHANIEL WAYNE GAY, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER _________ On August 20, 2010, the parties filed a joint status report indicating how this case should proceed. Plaintiff requested the court remand his remaining claims to the Army Board for the Correction of Military Records (ABCMR). Defendant does not oppose plaintiff's request. Consistent with that proposal, the court hereby orders the following: 1. 2. Proceedings in this case are STAYED until further order; This case is REMANDED to the Army Board for the Correction of Military Records to consider: (i) plaintiff's wrongful discharge claim; (ii) plaintiff's claim for back pay; and (iii) any other matters that plaintiff presents in writing to the ABCMR regarding his separation (e.g., his medical disability claim); and On or before March 9, 2011, and every 6 months thereafter, defendant shall file an interim status report regarding the remand proceedings. Defendant shall also notify the court once the ABCMR has resolved plaintiff's claims.

3.

IT IS SO ORDERED. s/ Francis M. Allegra Francis M. Allegra Judge