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PROCHAZKA v. U.S.

No. 06-827C.

FRANK J. PROCHAZKA, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

April 30, 2012.

Attorney(s) appearing for the Case

Thomas Andrew Coulter , LeClair Ryan, P.C., Richmond, Virginia, Counsel for Plaintiff.1

Devin Andrew Wolak , United States Department of Justice, Civil Division, Washington, D.C., Counsel for Defendant.

Joseph Robert Berger and Scott Arnold , Dickstein Shapiro, LLP, Washington, D.C., Counsel for National Veterans Legal Service Program, Washington, D.C., Amicus Curiae In Support of Plaintiff.2

MEMORANDUM OPINION AND FINAL ORDER

SUSAN G. BRADEN, Judge.

In 1980, Congress enacted the Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 (1980) ("DOPMA") requiring, among other directives in this omnibus legislation, that all military services compute an officer's mandatory retirement date, based on "active commissioned service." 10 U.S.C. § 634 (1982). For those officers who had pre-DOPMA and post-DOPMA service, "active...

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