When you decide to pursue your military pay claim at the U.S. Court of Federal Claims, it is important to have an experienced and dedicated counsel on your side. The U.S. Court of Federal Claims has the power to decide and award military pay claims brought by Service members against the U.S. Government for wrongful discharges, promotion non-selection, or denial of military retirement. The Court also reviews Correction Board decisions.
erroneous or wrongful discharge
involuntary military retirement
debt or recoupment
failure to promote (limited circumstances)
special selection board
incorrect retirement rank
other military pay claim actions
In some cases, the statute of limitations starts when a certain action occurs, (for example in a wrongful discharge); in other cases when an agency taken a final action. If you are not sure when your statute of limitation starts then consult with an experienced military law attorney as soon as possible. Almost every week I speak with someone who waited too long to file a military pay claim and now his or her options are limited.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MILITARY PAY CLAIM OR WRONGFUL DISCHARGE CASE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
Service member denied fair consideration during his promotion board. Service member did not obtain relief through administrative means. Action: Conducted legal research, obtained additional evidence, asserted a military pay claim and made filings at the U.S. Court of Federal Claims on behalf of the Service member. Result: Matter remanded to the Board for Correction of Military Records. Made additional filings in response to the advisory opinions. The agency granted partial relief and the Service member was considered by a Special Selection Board and recommended for promotion.
Service member was separated from active duty with less than two years to retirement. Reviewed records and identified potential legal arguments. Action: Petitioned Discharge Review Board and Correction Board but both boards denied relief. Filed a lawsuit at the U.S. Court of Federal Claims based on numerous violations concerning the separation process. The Court found that the Service member was improperly separated.
Service member separated under other than honorable conditions (OTH), re-entry code 4, and narrative reason for separation misconduct (drug abuse). Action: Reviewed the evidence and conducted legal research. Filed a lawsuit at the U.S. Court of Federal Claims alleging, in part, wrongful discharge and abuse of discretion. Result: New DD Form 214 issued with characterization of service as honorable, re-entry code 1 and expiration active duty obligation.
Following his Court-Martial, service member was wrongfully discharged even though he should have been retired. Action: Initiated military pay claim litigation for wrongful discharge and military retirement at the U.S. Court of Federal Claims that was subsequently remanded to the Board for Correction of Military Records. Filed a comprehensive and well documented petition at the Board for Correction of Military Records. Result: The Board agreed that the service member should have been retired. Service member received retirement and back pay.
In this case, the Court remanded Mr. Lowry's lawsuit to the Board for Correction of Naval Records to correct his records to show reinstatement and retirement. The Court found that the Navy failed to provide adequate notice as to the reasons for his separation. The Navy also improperly characterized his characterization of service.
In this case, the Court directed the Navy to retire Mr. Nyan for two reasons. The first one being that the Navy's medical examination of Mr. Nyan was inconsistent with its own instructions and the second was that it was also not supported by the evidence. The Court also directed that Mr. Nyan receives back pay.
In this case the Court analyzed the standard of review for correction board decisions and its limited jurisdiction. Correction Board decisions are subject to judicial review for failure to consider evidence or comply with the law.
In this case, the Court found that the correction board failed to adequately explained its decision.
In this case, the Court decided the military disability retirement claim and addressed whether the Correction Board could correct a court-martial conviction.
This case discussed the differences between active duty and reserve component Service members and their military pay claims.
In this case the Court explained that military pay claims must be filed within 6 years from their accrual. When a claim accrues is a question of law that your experienced military counsel can advise you on.
Wojciech Kornacki is an outstanding and strong advocate for his clients. To the counter party, he is super tough and strong. To his clients, he is very patient and very pleasant to work with.
Pentagon Law Office specializes in correcting military records and military pay claims at the U.S. Court of Federal Claims and Boards for Correction of Military and Naval Records, and other DoD entities offering legal remedies. This includes military retirement, wrongful discharge, promotions, discharge upgrades, separations, DFAS debt, derogatory information, security clearance matters, grade determinations, evaluations, titling, debarments, expungement, clemency, Family Advocacy matters, and related matters.
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