Several weeks ago, the Court of Federal Claims breathed new life into a statute of limitations exception that was both old and obscure. That was the “half a loaf” doctrine announced by the old Claims Court more than fifty years ago. It is discussed in a previous post. Now the Court has revived another statute of limitations exception recognized by the Claims Court decades ago. The case is Wheless v. United States, and it was handed down on October 8, 2024.
The Wheless case discusses the Eicks exception to the six-year statute of limitations to file in the Court of Federal Claims. That 1959 case involved a veteran who secured a favorable decision from the Navy's correction board, but that decision was overturned by the Secretary. This veto of a favorable correction board or discharge review board decision happens more than occasionally in discharge upgrade cases, but it can happen in other cases as well. In Eicks the old Claims Court held the statute of limitations ran from the date of the Secretary's decision refusing to implement the correction board's action.
In Wheless the Court was asked whether Eicks remained good law. The Court found it does and it allowed the claim to proceed.
The Wheless case discusses the Eicks exception to the six-year statute of limitations to file in the Court of Federal Claims. That 1959 case involved a veteran who secured a favorable decision from the Navy's correction board, but that decision was overturned by the Secretary. This veto of a favorable correction board or discharge review board decision happens more than occasionally in discharge upgrade cases, but it can happen in other cases as well. In Eicks the old Claims Court held the statute of limitations ran from the date of the Secretary's decision refusing to implement the correction board's action.
In Wheless the Court was asked whether Eicks remained good law. The Court found it does and it allowed the claim to proceed.