117 Fed. Cl. 68
Fed. Cl.2014Background
- Stephan, a pro se plaintiff, seeks LQA and back pay for time in Yokosuka, Japan as a Navy civilian employee.
- He was recruited in the United States by CSC, a U.S. firm, for work in Japan and began in August 2008.
- Stephan remained employed by CSC in Yokosuka until March 2010 when the Navy replaced his position with a civil servant.
- The Navy later offered Stephan a civil-service job (first tentative, then final) and determined he was ineligible for LQA.
- Stephan asserts entitlement to LQA based on DSSR § 031.12(b) and evidence including a September 13, 2010 CSC letter and the SOFA; the government moves for summary judgment.
- The court grants the government’s motion and denies Stephan’s motion, closing the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stephan met DSSR § 031.12(b) conditions. | Stephan argues he was recruited in the U.S. by a U.S. firm and worked continuously with return transport. | Government contends Stephan’s CSC employment did not provide return transportation. | No; conditions not met. |
| Whether the September 13, 2010 CSC letter supports return transportation. | Letter indicates CSC would provide return transportation under SOFA. | Letter is inconsistent with contemporaneous statements and post-employment; not controlling. | Letter fails to prove entitlement. |
| Whether SOFA requires return transportation to the U.S. | SOFA mandates transportation upon status change to depart Japan with return transport. | SOFA does not clearly require return transport and is contingent on Japan's actions; silent on destination. | SOFA does not mandate return transportation. |
| Whether SOFA or CSC obligations create a pre-employment condition for LQA. | Return transportation was part of employment conditions. | No binding pre-employment obligation to provide return transport. | No pre-employment condition proven. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standard; burden shifting)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (material facts; genuine dispute)