Geiger v. United States

3 Cl. Ct. 647, 1983 U.S. Claims LEXIS 1576
CourtUnited States Court of Claims
DecidedNovember 8, 1983
DocketNo. 113-81C
StatusPublished
Cited by2 cases

This text of 3 Cl. Ct. 647 (Geiger v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiger v. United States, 3 Cl. Ct. 647, 1983 U.S. Claims LEXIS 1576 (cc 1983).

Opinion

OPINION ON DEFENDANT’S MOTION AND PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT

WHITE, Senior Judge.

The plaintiff, Dr. J. Michael Geiger, Jr. (Dr. Geiger), is a medical officer in the United States Army. He is suing for rescission of what he refers to as the contract under which he is serving or, in the alternative, for money damages because of the Army’s failure to pay him a sum of money to which he claims entitlement on the basis of his military services.

The defendant has filed a motion for summary judgment, and the plaintiff has filed a cross-motion for summary judgment.

As explained later, it is concluded that the plaintiff is not entitled to rescission or to a judgment for money damages.

Background Information

The facts as to which there is no controversy between the parties will be outlined in this part of the opinion.

Dr. Geiger was commissioned as a 2nd Lieutenant in the United States Army Reserve on November 22,1969, when he was a first-year student in medical school. Thereafter, while attending medical school, Dr. Geiger participated in an Army-funded scholarship program.

After graduating from medical school in June 1973, Dr. Geiger began a period of active duty in the Army, serving in the grade of Captain. He spent a year as an intern at Madigan Army Medical Center, Tacoma, Washington; and he then served in West Germany, in Iran, and at Ft. Bragg, North Carolina. During the period mentioned in this paragraph, Dr. Geiger was promoted to the grade of Major in May 1976.

On February 9,1978, while serving at Ft. Bragg, North Carolina, Dr. Geiger submitted an “Unqualified Resignation” from the Army, to be effective on July 1,1978, or as soon as practicable thereafter. He stated that he was tendering his resignation “in order to attend civilian residency training in my profession.” The resignation was approved April 21, 1978, and was to be effective July 1, 1978.

As of 1978, the Army was operating what was known as the Army Civilian Sponsor Residency Training Program for medical officers who had been accepted for residency training in civilian institutions and who would become Military Physician Specialists. A medical officer participating in the program received full active-duty pay and allowances, including base pay and special medical pay, and housing and subsistence allowances. In addition, the Army paid all of the officer’s educational expenses.

Also, as of 1978, there was in existence legislation (37 U.S.C. § 311 (1976)) which provided for “continuation pay” to be paid to certain medical and dental officers of the Army, Navy, Air Force, and Public Health Service. In order to qualify for continua[649]*649tion pay, it was necessary (among other things) for a medical officer to be serving on active duty in a critical specialty, to have completed his initial active duty obligation, and to execute a written agreement to remain on active duty for at least one additional year. Continuation pay was to consist of “not more than four months’ basic pay” for each additional year that an officer agreed to remain on active duty.

On May 24, 1978, before his resignation from the Army became effective, Dr. Geiger was designated as a Military Physician Specialist. The letter of designation informed him that his selection as a Critical Specialist entitled him to participate in the Continuation Pay Program on and after July 1, 1978. It further stated that the designation would “remain valid so long as the Continuation Pay Program is in effect unless the designation is withdrawn * * * or you enter into an ineligible status”; and that, in order to receive continuation pay, he must sign an agreement.

On May 25, 1978, Dr. Geiger voluntarily withdrew his resignation as an Army officer in order to pursue residency training in ophthalmology at Louisiana State University under the Army Civilian Sponsor Residency Training Program. Dr. Geiger was approved by the Army for participation in the program. He became a resident in op-thamology at Louisiana State University in July 1978, and he continued in the program until July 1981. While undergoing residency training at Louisiana State University, Dr. Geiger received full active-duty pay and allowances; and the Army paid all of his educational expenses.

On June 23,1978, Dr. Geiger submitted to the Army a request for continuation pay under 37 U.S.C. § 311. The request stated (among other things) that “I hereby agree to serve on active duty in the Army for one year from the effective date of approval of this request * * Dr. Geiger’s request was approved by the Army on July 6, 1978; and the approval provided that Dr. Geiger would receive continuation pay for the 1-year period in the gross amount of $5,758.80 (which would be over and above his active duty pay and allowances). The continuation pay for this 1-year period was paid to Dr. Geiger in a lump sum on August 31, 1978.

Dr. Geiger submitted a second request for continuation pay on June 4, 1979; and this request, which likewise contained an agreement by Dr. Geiger to serve on active duty for 1 year from the effective date of the approval of the request, was approved by the Army on June 11, 1979. The approval provided for continuation pay to Dr. Geiger in the gross amount of $6,488.40. The continuation pay for this 1-year period was paid to Dr. Geiger in a lump sum.

A third request for continuation pay was submitted by Dr. Geiger on June 11, 1980. This request also contained an agreement by Dr. Geiger to serve on active duty in the Army for 1 year from the effective date of the approval of the request. Dr. Geiger’s request was approved by the Army on June 26, 1980; and the approval provided for continuation pay to Dr. Geiger in the gross amount of $6,944.40. However, no continuation pay was paid to Dr. Geiger for this 1-year period, because of an amendment to 37 U.S.C. § 311 that will be mentioned in the next paragraph.

On June 28,1980, the Uniformed Services Health Professionals Special Pay Act of 1980 was enacted (94 Stat. 587). Section 2(a) of the act amended 37 U.S.C. § 302 so as to increase very substantially the special pay of medical officers of the Army, Navy, and Air Force; and section 4(d)(1) of the act amended 37 U.S.C. § 311 so as to restrict continuation pay to dental officers of the Army, Navy, Air Force, and Public Health Service, and medical officers of the Public Health Service. The amendment to 37 U.S.C. § 302 increased Dr. Geiger’s special medical pay from $350 per month (or $4,200 per year) to $10,000 per year. On the other hand, the amendment to 37 U.S.C. § 311 eliminated medical officers of the Army (including Dr. Geiger), Navy, and Air Force from the Continuation Pay Program, and was the basis on which the Army failed to pay Dr. Geiger the continuation pay of $6,944.40 for the 1980-81 1-year period un[650]*650der Dr.

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14 Cl. Ct. 776 (Court of Claims, 1988)

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3 Cl. Ct. 647, 1983 U.S. Claims LEXIS 1576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiger-v-united-states-cc-1983.