U.S. Court of Federal Claims - Military Pay Claims

Military Pay Claims and Correcting Military Personnel Records

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.

Military pay claims may occur under a variety of different facts and circumstances. They may include

erroneous or wrongful discharge

involuntary military retirement

debt or recoupment

disability separation

failure to promote (limited circumstances)

special selection board

erroneous evaluation

derogatory records

incorrect retirement rank

other military pay claim actions

Statute of Limitation: Do not miss your statute of limitations

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.

DISCLAIMER

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.

REPRESENTATIVE MILITARY PAY CASES

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 will be considered by Special Selection Boards

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.

USEFUL MILITARY PAY claim related WEBSITES

SELECTED MILITARY PAY CLAIM court DECISIONS

Sommers v. United States, No. 18-cv-00598 (January 25, 2021)

In this case, Plaintiff retired from the Army but filed a lawsuit alleging that he was forced out. He failed to timely appeal the Court's judgment and the Court denied his motion for leave to file notice of appeal out of time.

Doyon v. United States, No. 19-1964C ( January 13, 2021)

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.

Schussler v. United States, No. 14-690C (December 22, 2020)

In this case, Plaintiff's spouse missed the statutory deadline for annuity payments under the Reserve Component Survivor Benefit Plan, the Army Board for Correction of Military Records denied relief, and the Court could not grant any relief under the law.

Monroe v. United States, No. 18-1059C (November 13, 2020)

In this case, Plaintiff's substantially prevailed in his lawsuit against the U.S. Government concerning his involuntary separation and medical unfitness. The Court awarded $50,881.27 in attorney's fees and expenses pursuant to the Equal Access to Justice Act.

Gregory v. United States, No. 18-1322C (October 31, 2020)

In this case, the Court found that the correction board failed to adequately explained its decision.

Labonte Jr. v. United States, No. 18-1784C (October 30, 2020)

In this case, the Court decided the military disability retirement claim and addressed whether the Correction Board could correct a court-martial conviction.

Kuntz v. United States, No. 18-1541C (February 11, 2019)

This case discussed the differences between active duty and reserve component Service members and their military pay claims.

Harold W. Van Allen v. United States, No. 05-166C (February 7, 2006)

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.

CLIENT FEEDBACK

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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.

Contact NOW REGARDING YOUR MILITARY PAY ISSUES

Washington DC Metro Area

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.

Pentagon Law Office

1629 K Street Northwest, Washington, District of Columbia 20006, United States

(540) 270-3041 / cmr@correctmilitaryrecords.com

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Global Military Personnel Law Practice

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Global Military Personnel Law Practice