Wells ex rel. Wells v. United States

46 Fed. Cl. 178, 2000 U.S. Claims LEXIS 39, 2000 WL 283841
CourtUnited States Court of Federal Claims
DecidedMarch 16, 2000
DocketNo. 98-850C
StatusPublished
Cited by11 cases

This text of 46 Fed. Cl. 178 (Wells ex rel. Wells v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells ex rel. Wells v. United States, 46 Fed. Cl. 178, 2000 U.S. Claims LEXIS 39, 2000 WL 283841 (uscfc 2000).

Opinion

OPINION

ALLEGRA, Judge.

This military pay case is before the court on defendant’s motion for judgment on the administrative record. Plaintiffs spouse is a former sergeant in the United States Army who received severe and permanent injuries in a car accident. The Army determined that the accident was the result of voluntary intoxication and denied plaintiffs spouse disability retirement and benefits. Plaintiff alleges that this determination was arbitrary and capricious and not in accordance with military regulations. Plaintiff, on behalf of her husband, seeks disability retirement pay with benefits, as well as amendment of his military records to reflect that his injuries occurred in the line of duty (LOD). Defendant counters that plaintiff has failed to establish any procedural errors and that the Army’s decision was based on substantial evidence and not arbitrary and capricious.

I. Factual Background

Daniel J. Wells enlisted in the Army on April 3, 1991, and was promoted to staff sergeant in December of 1992. On April 12, 1995, while traveling from Fort Hood, Texas, to a temporary duty assignment at Fort McClellan, Alabama, Sgt. Wells was involved in a head-on collision with a tractor trailer-truck on Interstate 20. At the time of the accident, he was traveling west in an east bound lane. At the point of the accident, and in the immediate surrounding area, Interstate 20 is a divided, four-lane highway, with two lanes traveling in each direction. State Trooper Corporal Joe Nelson responded to the accident. Based on accounts from the driver of the truck, as well as two other listed witnesses, Trooper Nelson prepared a Mississippi Uniform Accident Report that described the accident. He indicated in that report that Sgt. Wells was “obviously intoxicated.” The accident report further reflects that a blood alcohol test was administered to Sgt. Wells and that the result of that test indicated that he had a blood alcohol content of 0.235 percent. The officer issued Mr. Wells a citation for driving under the influence; this charge was later dropped.

Sgt. Wells initially received emergency medical attention at Newton Regional Hospital (Newton) in Newton, Mississippi, and was later transferred to Jeff Anderson Hospital (Anderson) in Meridian, Mississippi. The medical records reflecting his care at the Newton emergency room contain some illegible writing, but in a typewritten statement indicate that “had ETOH beverages in small car” and “strong smell ETOH.” Neither these records nor those from Anderson include any lab report or slip indicating the results of any blood alcohol test conducted at either hospital, and the administrative record contains no other medical records or lab slips verifying the original results of such a test.1

[180]*180As a result of the injuries he sustained in the accident, Sgt. Wells was deemed to be 80 percent disabled by an Army Physical Evaluation Board. A formal line of duty investigation ensued.2 On April 14, 1995, Lieutenant Robert Williams was appointed as line of duty (LDI) investigating officer (10) to determine if Sgt. Wells’ injuries were incurred in the line of duty. Lt. Williams conducted an investigation and determined that Sgt. Wells’ injuries were caused by his own voluntary intoxication and thus were attributable to misconduct. Lt. Williams relied upon the Mississippi Uniform Accident Report; the personal observations of Lt. John Cushing, who had observed the accident scene; and the statements of Mrs. Wells. Lt. Williams neither obtained the actual results of the blood alcohol test, nor the statements of the truck driver and the state trooper involved with the accident.3 Believing he had adequate evidence to support a finding of misconduct, Lt. Williams made no attempt to interview and obtain statements from other individuals possessing personal knowledge regarding the accident, including the two witnesses to the accident listed on the police report; the emergency personnel who treated Sgt. Wells at the accident; and the emergency personnel at Newton and Anderson.

Sgt. Wells appealed the findings'of the LDI to the Commander of the United States Total Army Personnel Command (PERSCOM): That appeal was denied on February 26,1997, and Sgt. Wells subsequently applied to the Army Board for the Correction of Military Records (ABCMR) seeking to have his injury classified in the line of duty. The ABCMR denied plaintiffs application on July 30, 1997, concluding that “[t]he not in line of duty, due to own misconduct finding was proper and in accordance with the provisions of the regulation.” On November 6, 1998, plaintiff filed a complaint in this court seeking back disability retirement pay, correction of his military records to reflect that his accident occurred in the line of duty, medical expenses and costs and attorney’s fees. On July 30, 1999, defendant filed a motion for judgment on the administrative record pursuant to RCFC 56.1.

II. Discussion

A. Legal Framework

The Tucker Act, 28 U.S.C. § 1491, authorizes suits in the Claims Court where a claim against the United States is founded on a statute mandating compensation by the government. United States v. Testan, 424 U.S. 392, 401-02, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Pursuant to 10 U.S.C. § 1201, the Secretary of the Army may retire a service member for any disability which did not result from his own misconduct or willful neglect and order that he receive retired pay. This statute is money-mandating and thus provides a basis for jurisdiction under the Tucker Act. Schwartz v. United States, 26 Cl.Ct. 992, 995 (1992). To provide complete relief to a plaintiff entitled to a money judgment, the Tucker Act further provides that “the court may, as an incident of and collateral to any such judgment, issue orders directing the restoration of [plaintiff] to office or position, placement in appropriate duty or retirement status, and correction of applicable records.” 28 U.S.C. § 1491(a)(2); Voge [181]*181v. United States, 844 F.2d 776, 781 (Fed.Cir.), cert. denied, 488 U.S. 941, 109 S.Ct. 365, 102 L.Ed.2d 355 (1988).

Motions for judgment on the administrative record are reviewed under the same standards as motions for summary judgment. See RCFC 56.1(a); Hoskins v. United States, 40 Fed.Cl. 259, 270 (1998). Summary judgment is an integral part of the federal rules; it is designed “to secure the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 1). Summary judgment is appropriate when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. RCFC 56 & 56.1; Anderson v. Liberty Lobby, Inc.,

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Bluebook (online)
46 Fed. Cl. 178, 2000 U.S. Claims LEXIS 39, 2000 WL 283841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-ex-rel-wells-v-united-states-uscfc-2000.