The United States Court of Appeals for the Federal Circuit has ruled that challenges to a non-judicial punishment (NJP) can be taken to the Court of Federal Claims (CFC) if monetary relief is sought in the form of denied military pay.
In Mote v. United States, an Air Force captain received both an NJP and a letter of admonition (LOA). The Air Force Board for Corrections of Military Records (AFBCMR) affirmed. Analyzing the law relating to jurisdiction, the Court of Appeals stated that the CFC does not have jurisdiction over all corrections board cases, but only those that involve a claim for money. Since Mote lost more than $2,000 in pay as a result of the NJP, the Court of Appeals stated that the CFC had jurisdiction. As to the LOA, the Court remanded to CFC to determine if it had jurisdiction over the non-monetary claim because it was "incident and collateral to" Mote's monetary claim.
The Court of Appeals then affirmed the AFBCMR decision upholding the NJP. One would think that this might make jurisdiction over the LOA evaporate. But perhaps not since the Court of Appeals remanded the LOA claim even though it affirmed the NJP.
The bottom line for veterans and the lawyers is that NJP challenges can be filed in the Court of Federal Claims if the veteran lost money. As always, the six-year statute of limitations applies. Mote v. United States was decided on August 6, 2024.
In Mote v. United States, an Air Force captain received both an NJP and a letter of admonition (LOA). The Air Force Board for Corrections of Military Records (AFBCMR) affirmed. Analyzing the law relating to jurisdiction, the Court of Appeals stated that the CFC does not have jurisdiction over all corrections board cases, but only those that involve a claim for money. Since Mote lost more than $2,000 in pay as a result of the NJP, the Court of Appeals stated that the CFC had jurisdiction. As to the LOA, the Court remanded to CFC to determine if it had jurisdiction over the non-monetary claim because it was "incident and collateral to" Mote's monetary claim.
The Court of Appeals then affirmed the AFBCMR decision upholding the NJP. One would think that this might make jurisdiction over the LOA evaporate. But perhaps not since the Court of Appeals remanded the LOA claim even though it affirmed the NJP.
The bottom line for veterans and the lawyers is that NJP challenges can be filed in the Court of Federal Claims if the veteran lost money. As always, the six-year statute of limitations applies. Mote v. United States was decided on August 6, 2024.