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Martinez v. United States

The Federal Circuit, in an en banc panel decision, affirmed the Court of Federal Claims' dismissal of the plaintiff's complaint in a military discharge case as untimely; the panel reaffirmed its decision in Hurick v. Lehman (1986) that the statute of limitations for a military discharge challenge begins to run from the date of discharge from active duty, and the limitations period is not tolled by an application to the Correction Board.

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Opinion for the court filed by Circuit Judge BRYSON, in which Circuit Judges MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, and PROST join; and in which Circuit Judges NEWMAN, LINN, and DYK join with respect to PARTS I, II, III, V, and VI.

Dissenting opinion filed by Senior Circuit Judge PLAGER, in which Chief Judge MAYER and Circuit Judges NEWMAN, GAJARSA, LINN, and DYK join.

We took this case en banc to address the question whether to overrule our decision in Hurick v. Lehman, 782 F.2d 984 (Fed. Cir. 1986), regarding the calculation of the limitations period for military discharge cases brought in the Court of Federal Claims. After careful consideration, we conclude that Hurick should not be overruled, and we affirm the judgment of the Court of Federal Claims.

 
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