Williams v. United States

86 Fed. Cl. 594, 2009 U.S. Claims LEXIS 74, 2009 WL 805610
CourtUnited States Court of Federal Claims
DecidedMarch 25, 2009
DocketNo. 08-479C
StatusPublished
Cited by4 cases

This text of 86 Fed. Cl. 594 (Williams 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
Williams v. United States, 86 Fed. Cl. 594, 2009 U.S. Claims LEXIS 74, 2009 WL 805610 (uscfc 2009).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Marcus L. Williams, a former staff sergeant of the United States Air Force, asserts several claims relating to the government’s treatment of debt that remained in his account with the Army and Air Force Exchange Service (“AAFES”) after his dishonorable discharge from the Air Force. In 2008, the government withheld a federal tax refund and federal tax rebate to satisfy that debt, notwithstanding Mr. Williams’ claim that backpay due for accrued leave during his Air Force service should have been used for that purpose. This case is before the court on the government’s motion to dismiss. The government contends that the court lacks subject matter jurisdiction over this action and that Mr. Williams has failed to state a claim upon which relief can be granted. The resolution of these contentions turns in significant part on the effect of prior litigation involving Mr. Williams in several courts including this one. See, e.g., Williams v. United States, 71 Fed.Cl. 194 (2006) (rejecting Mr. Williams’ claims for modifications of the date and classification of his discharge). For the reasons set forth below, the government’s motion is granted.

BACKGROUND1

Mr. Williams enlisted in the Air Force on February 2, 1993. Williams, 71 Fed.Cl. at 195. After serving in the Air Force for over eight years, he was placed in military confinement and charged with violations of the Uniform Code of Military Justice. Id. at 195-96. Upon trial by a general court-martial, Mr. Williams was found guilty of all charges against him, including unlawful entry of a dwelling with intent to commit an assault, assault with a deadly weapon, theft of a government-owned handgun, desertion, unlawful transport of a stolen firearm, and forging four different checks with intent to defraud. Id. at 196 & n. 3. He was sentenced to a dishonorable discharge, ten-year confinement, and reduction in pay grade from Staff Sergeant to Airman Basic. Id. at 196.

Mr. Williams’ conviction was affirmed upon appeal to the United States Air Force Court of Criminal Appeals. Although the court reduced one charge from aggravated assault to assault with an unloaded weapon and consequently reduced his sentence from ten to nine years, it affirmed all other charges. See United States v. Williams, No. ACM 35122, 2004 WL 388773, at **8-10 (A.F.Ct.Crim.App. Feb.20, 2004). Mr. Williams’ petition for review of that court’s decision was denied by the United States Court of Appeals for the Armed Forces. See Williams, 71 Fed.Cl. at 196. Thereafter, the Air Force entered a court-martial order pertaining to Mr. Williams, and on October 1, 2004, Mr. Williams was dishonorably discharged from the Air Force. Id. As a result of his dishonorable discharge, he was no longer eligible for payment of his accrued leave. Id. at 195. At the time of his discharge, he owed a debt of $2,568.22 on a credit account with the AAFES. Compl. ¶ 13.

Mr. Williams filed an earlier complaint in this court in which he sought modifications of both the date and the classification of his discharge and additionally claimed he was entitled to compensation for the annual leave he had accrued prior to his court martial and discharge. Williams, 71 Fed.Cl. at 195. In granting the government’s motion for judgment upon the administrative record, this court found that the Air Force had properly exercised its authority to extend Mr. Williams’ term of service to the date of his [598]*598discharge, and that Mr. Williams had lost his entitlement to any accrued annual leave due to the fact that his discharge was dishonorable. Id. at 201-02.

While incarcerated at the United States Disciplinary Barracks in Fort Leavenworth, Kansas, Mr. Williams brought an action in the United States District Court for the District of Columbia, seeking a declaratory judgment that he was no longer subject to the Uniform Code of Military Justice after the expiration of his active-duty enrollment on December 29, 2001. See Williams v. Department of the Air Force, No. CIVA 06-0508 RCL, 2007 WL 61876, at *1 (D.D.C. Jan.4, 2007). On January 4, 2007, that court dismissed the case for lack of subject matter jurisdiction, noting that a petition for habeas corpus would be the exclusive remedy available to a federal prisoner seeking to affect the duration of his custody. Id., at *2. Mr. Williams then filed such a petition in the United States District Court for the District of Kansas, claiming that the Air Force failed to follow proper procedures in extending his term of service and in preparing his discharge certificate. See Williams v. Inch, No. 07-3018-RDR, slip op. at 1-2 (D.Kan. Sept. 26, 2007). He also sought a restraining order and preliminary and permanent injunc-tive relief pertaining to the alleged inaccuracy of his military pay settlement and his separation order. See id. at 9. In denying Mr. Williams’ habeas petition and motion for injunctive relief, the court found that Mr. Williams’ term of service had been set to expire on December 28, 2001, but that the Air Force had inadvertently continued to give him pay and allowances through January 2002. Id. at 10.2 The court concluded that Mr. Williams “was not due any final pay at the time of his receipt of the discharge certificate, DD Form 214, on October 25, 2004, and his discharge was complete at that time.” Id. The court’s opinion did not contain any discussion of Mr. Williams’ debt to the AAFES. See id.

On February 29, 2008 and May 2, 2008, Mr. Williams received two letters from the Financial Management Service of the United States Treasury, notifying him that his federal tax refund and federal tax rebate would be withheld to satisfy the outstanding debt in his AAFES account. Compl. Attachs. C & D. In the present complaint, filed on July 1, 2008, Mr. Williams seeks payment of his federal tax refund and federal tax rebate. Compl. ¶¶ 12-17. Mr. Williams requests that the court permit him to use the backpay from the hours he accrued as annual leave during his service with the Air Force to satisfy these debts. See Compl. ¶ 11. Additionally, Mr. Williams claims that he is entitled to educational benefits based upon his service with the Air Force, and that governmental actions have deprived him of these benefits. Compl. ¶¶ 23-26.

In its motion to dismiss, the government contends that Mr. Williams has already litigated before this court the issue of whether he was entitled to backpay based on his accrued annual leave, and thus his claims should be barred under the doctrines of res judicata and collateral estoppel. Def.’s Mot. to Dismiss at 6-11 (“Def.’s Mot.”). The government contends that Mr. Williams’ claims regarding the application of backpay to existing debts should be dismissed under Rule 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”) because Mr. Williams never established a property interest in his forfeited backpay and because his court-martial resulted in a mandatory, not an adjudged, forfeiture, and forfeited backpay could only be applied to his debts with the AAFES if the forfeiture had been adjudged rather than mandatory. Id. at 11-15. Finally, the government argues that Mr. Williams’ claims for payment of educational benefits are not ripe for review because he has not completed administrative proceedings regarding his educational entitlements under the GI Bill. Id. at 15-16.

Mr.

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Bluebook (online)
86 Fed. Cl. 594, 2009 U.S. Claims LEXIS 74, 2009 WL 805610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-united-states-uscfc-2009.