Remmie v. United States
98 Fed. Cl. 383
Fed. Cl.2011Background
- Remmie, a Navy service member, was involuntarily discharged in 1993 after a 1990-1991 separation/divorce and substantiated allegations of abuse; the BCNR partially granted relief in 1995 but kept the Central Registry entry; he retired in 2006 and subsequently sought removal from the Central Registry and additional relief.
- In 1995 the BCNR denied most requests for relief; the BCNR later removed his name from the Central Registry in 2007 but did not grant broader relief such as back pay or promotion considerations.
- Remmie filed suit in 2010 in the Court of Federal Claims seeking monetary back pay and nonmonetary relief including corrections to his records and promotion considerations.
- The Defendant moved to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction, arguing the six-year statute of limitations bars the monetary claim; the Plaintiff sought transfer under 28 U.S.C. § 1631 or voluntary dismissal without prejudice.
- The Court held it lacked jurisdiction (monetary claims time-barred), could not transfer nonmonetary APA claims under § 704, and granted dismissal without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Federal Claims has jurisdiction over monetary back-pay claims | Remmie argues a Tucker Act claim may proceed for monetary relief | Suits are barred by six-year statute of limitations | No jurisdiction; time-barred six-year limit applies |
| Whether nonmonetary APA claims can be transferred to a district court | Nonmonetary APA claims should be transferable | Section 704 deprives transfer when the CFC could provide adequate relief | Transfer not permitted; § 704 bars district court jurisdiction |
| Whether dismissal without prejudice is proper | Dismissal without prejudice to refile in district court | Dismissal appropriate due to lack of subject-matter jurisdiction | Dismissal without prejudice proper; conversion to prejudice not allowed in CFC jurisdictional dismissals |
Key Cases Cited
- Martinez v. United States, 333 F.3d 1295 (Fed. Cir. 2003) (military pay claims; nonmonetary relief ancillary to money damages; accrual at discharge)
- Mitchell v. United States, 930 F.2d 893 (Fed. Cir. 1991) (APA transfer/§ 704 jurisdictional considerations; adequate remedy concept)
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (Sup. Ct. 2008) (jurisdictional nature of CFC six-year limit; threshold matter)
- Reilly v. United States, 93 Fed.Cl. 643 (Fed. Cl. 2010) (illustrative case on § 704 transfer limitations when no money-mandating remedy)
- Scott Aviation v. United States, 953 F.2d 1377 (Fed. Cir. 1992) (dismissal for lack of jurisdiction without prejudice when jurisdiction lacking)