We review without deference the CFC's decision to dismiss Rigsbee's suit for failure to state a claim upon which relief can be granted. See New York Life Ins. B. Analysis 1. He made an election. As explained below, we agree with the Government.
Statutory interpretation is a question of law for the courts to decide.
See Immigration and Naturalization Serv. The actor in each of these three scenarios is not the officer, and the language is not voluntary, regardless of whether the officer is discharged, retired, or retained and then later retired. Thus, an officer in that position does not have to risk the consequences of involuntary discharge in order to preserve his or her right to contest whatever procedural irregularities may exist. We turn now to the Government's principal argument for affirmance. However, given his voluntary retirement, there is no occasion for further explication.