Jackson v. United States, 664 F. App'x 922

Jackson enlisted in the New York Army National Guard in 1984, was released from active duty in September 1984, and discharged under honorable conditions in December 1989.
In November 2015 Jackson sued the United States in the Court of Federal Claims alleging unlawful discharge/back pay, disability retirement and correction of military records, breach of contract, civil rights violations, and punitive damages for defamation.
The government moved to dismiss for lack of subject-matter jurisdiction; the Claims Court treated subsequent filings as a response and later as motions to amend and for reconsideration.
On May 9, 2016 the Claims Court dismissed the complaint: unlawful discharge/back pay was time-barred; disability-retirement claim was unexhausted; correction-of-records, tort, and punitive-damages claims were outside its jurisdiction; breach-of-contract claim failed because military pay is statutory.
Jackson filed an untimely motion to amend and a motion for reconsideration; the Claims Court denied both because no viable amendments were proposed and no basis for reconsideration was shown.
The Federal Circuit affirmed, holding the Claims Court did not abuse its discretion in dismissing the complaint, denying amendment, or denying reconsideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Claims Court had jurisdiction over unlawful discharge/back pay	Jackson challenged his discharge and sought back pay	Government: claim accrued at 1984 discharge and is time-barred by 28 U.S.C. § 2501	Dismissed: claim time-barred; no jurisdiction under Military Pay Act
Whether the Court could order correction of military records	Jackson sought records correction alongside monetary relief	Government: records relief is collateral to money judgment and not available if money claim is time-barred	Dismissed: no jurisdiction because monetary claim was time-barred
Whether Claims Court has jurisdiction over punitive damages for defamation/tort claims	Jackson sought punitive damages for defamation, libel, slander	Government: Tucker Act requires a money-mandating source; torts and punitive damages not within Claims Court jurisdiction	Dismissed: tort and punitive-damage claims outside Claims Court jurisdiction
Whether disability retirement claim was ripe / jurisdictional	Jackson sought disability retirement pay	Government: administrative remedies not exhausted; claim has not accrued	Dismissed: lack of jurisdiction until administrative review exhausted

Antonellis v. United States, 723 F.3d 1328 (Fed. Cir. 2013) (Military Pay Act suits in Claims Court and scope of pay claims)
Dysart v. United States, 369 F.3d 1303 (Fed. Cir. 2004) (interpretation of Military Pay Act jurisdiction)
Martinez v. United States, 333 F.3d 1295 (Fed. Cir. 2003) (accrual and six-year statute of limitations under 28 U.S.C. § 2501 for military pay claims)
James v. Caldera, 159 F.3d 573 (Fed. Cir. 1998) (correction of military records must be incident to a money judgment)
United States v. Navajo Nation, 556 U.S. 287 (2009) (Tucker Act requires a money-mandating source for Claims Court jurisdiction)
Fisher v. United States, 402 F.3d 1167 (Fed. Cir. 2005) (plaintiff must identify separate substantive law creating right to money damages)
Shearin v. United States, 992 F.2d 1195 (Fed. Cir. 1993) (Claims Court lacks jurisdiction over tort claims)
Schism v. United States, 316 F.3d 1259 (Fed. Cir. 2002) (military pay governed by statute, not common-law contract principles)
Real v. United States, 906 F.2d 1557 (Fed. Cir. 1990) (disability-retirement claims accrue only after administrative board finally acts)