Martinez v. United States

26 Cl. Ct. 1471, 1992 U.S. Claims LEXIS 483, 1992 WL 311337
CourtUnited States Court of Claims
DecidedOctober 28, 1992
DocketNo. 91-1552C
StatusPublished
Cited by37 cases

This text of 26 Cl. Ct. 1471 (Martinez 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
Martinez v. United States, 26 Cl. Ct. 1471, 1992 U.S. Claims LEXIS 483, 1992 WL 311337 (cc 1992).

Opinion

OPINION

MARGOLIS, Judge.

This case is before the court on cross motions for summary judgment. Plaintiff appeals a decision of the Army Board for Correction of Military Records (“ABCMR”) confirming plaintiff’s disenrollment from the Reserve Officers Training Corps (“ROTC”) program for marijuana use. Plaintiff filed suit in the United States District Court for the Western District of New York, which transferred his claim to the United States Claims Court. Plaintiff seeks injunctive, declaratory, and compensatory relief. Defendant claims that this court lacks jurisdiction to hear plaintiff’s claim and, alternatively, that the ABCMR’s decision was not arbitrary, capricious, contrary to law, or unsupported by substantial evidence. After considering the record and hearing oral argument, this court finds that while it has jurisdiction to hear plaintiff’s claim for compensatory relief, the ABCMR’s decision was proper, both procedurally and substantively. Accordingly, this court grants defendant’s motion for summary judgment.

FACTS

Defendant United States, through the U.S. Army (“Army”), admitted plaintiff, Juan A. Martinez (“Martinez”), into its ROTC program at State University of New York—Oswego on September 8, 1983. By 1985, Martinez had enrolled in the Senior ROTC program’s advanced course and was receiving a $100 per month stipend.

Martinez was scheduled for commissioning as a second lieutenant in December 1985, on completion of his degree requirements. On November 21, 1985, Martinez underwent a pre-commissioning physical examination. In response to questioning by the physician, Martinez admitted that he used marijuana two months prior to the exam.

In consequence of his admission, the Army disenrolled Martinez from the ROTC program on December 10, 1985 for failing to meet medical requirements under Army Regulation (“AR”) 145-1, para. 3-26a(3) (directing that ROTC cadets be disenrolled when medical disqualification is determined by proper authority). The disenrollment came ten days before Martinez’s commissioning.

[1473]*1473On March 27, 1986, Martinez filed a Request for Exception/Waiver stating that he was medically qualified for commissioning according to applicable regulations. On May 27, 1986, the U.S. Army Cadet Command in Fort Monroe, YA (“the Command”) revoked Martinez’s disenrollment order because marijuana use is not a medical problem unless substance dependency is demonstrated. However, Martinez “remain[ed] administratively disqualified for commissioning on the basis of his marijuana usage.” Def.’s Mot.Summ.J.App. at 107.

As Martinez’s request for waiver did not contain sufficient information to grant a waiver of this administrative disqualification, the Command directed the Professor of Military Science (“PMS”) heading the U.S. Army ROTC Instructor Group at Syracuse University to convene a Formal Board of Officers to consider Martinez’s marijuana use, pursuant to AR 15-6. The board, consisting of three voting officers having the grade of captain and a non-voting recorder, conducted a hearing on July 16, 1986 to recommend to PMS whether Martinez should be retained in the ROTC program or disenrolled. See AR 15-6, para. 5-1. Martinez, designated a respondent, was represented by military counsel and participated fully in the proceedings. See AR 15-6, para. 5-4, -6.

The Formal Board of Officers found that Martinez exhibited undesirable character traits through his admitted use of marijuana, and that this admission gave the Army grounds for disenrolling him from the ROTC program, in accordance with AR 145-1, para. 3-26a(14).1 The board found that Martinez’s actions did not constitute willful evasion of the obligations of his ROTC contract; however, the board determined that Martinez was no longer motivated to serve as a commissioned Army officer. Consequently, the board reeommended that Martinez be disenrolled from the ROTC program.

Martinez requested the ABCMR to review the Formal Board of Officers’ decision. Martinez requested that: (1) his records be purged of all material related to his disenrollment from the ROTC, (2) he receive restitution for violation of his constitutional rights, and (3) he receive compensation equal to his potential earnings in the military, and that any compensation due be assessed against the three officers involved in the matter.

The ABCMR denied plaintiff’s request. The ABCMR found that Martinez “failed to submit sufficient relevant evidence to demonstrate the existence of probable material error or injustice.” Def.’s Mot. Summ.J.App. at 181. The ABCMR concluded that the proceedings were conducted according to applicable law and that Martinez was properly disenrolled. Further, the ABCMR agreed with the Deputy Chief of Staff for Personnel’s opinion that while Martinez’s initial disenrollment for medical reasons was improper, the Army later validly disenrolled Martinez for admitting he used marijuana.

The ABCMR did not explore Martinez’s constitutional contentions, stating that these “are a matter for resolution by the judiciary rather than an administrative board.” Def.’s Mot.Summ.J.App. at 181. Nor did it find jurisdiction to assess fines or penalties against the individual officers.

DISCUSSION

Plaintiff asks this court to enjoin the military from asking about marijuana use. He asks the court to define the rights, privileges and immunities of “medical inductees” and Senior ROTC cadets and to declare which laws, rules, and regulations apply to them. Plaintiff seeks a money award in an amount equal to the salary and fringe benefits of a second lieutenant over [1474]*1474a six-year period, the period of contractual obligation incurred by a ROTC cadet. He also seeks $10,000,000 in punitive damages for alleged violations of his “constitutional and other rights.”

Defendant moves to dismiss plaintiffs complaint for lack of jurisdiction. In the alternative, defendant moves for summary judgment on the basis that there are no issues of material fact and that the ABCMR’s decision was not arbitrary or capricious, contrary to law or regulation, or unsupported by substantial evidence. Plaintiff also moves for summary judgment.

Compensatory Relief

This court generally has authority to review alleged unlawful separation actions taken by the military, allowing the claimant to recover retroactively the pay and allowances of the position the claimant occupied at separation. United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed.2d 114 (citing United States v. Wickersham, 201 U.S. 390, 26 S.Ct. 469, 50 L.Ed. 798 (1906)).

Martinez claims that his separation was unlawful and requests the salary and fringe benefits of a second lieutenant for the six-year period he would have been obligated to serve in the Army. At the time of his separation from the military, Martinez was a Senior ROTC cadet receiving a monthly stipend. His status as a ROTC cadet would have ended when he graduated and received his commission: ten days after his disenrollment.

The United States undertook to pay Martinez until his current ROTC assignment ended, unless the Army properly discharged him prior to that time. See Austin v. United States, 206 Ct.Cl. 719, 723, cert. denied, 423 U.S. 911, 96 S.Ct.

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Bluebook (online)
26 Cl. Ct. 1471, 1992 U.S. Claims LEXIS 483, 1992 WL 311337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-united-states-cc-1992.