Wyatt v. United States

2 F.3d 398, 1993 U.S. App. LEXIS 20892, 1993 WL 310900
CourtCourt of Appeals for the Federal Circuit
DecidedAugust 18, 1993
DocketNo. 93-1002
StatusPublished
Cited by17 cases

This text of 2 F.3d 398 (Wyatt v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyatt v. United States, 2 F.3d 398, 1993 U.S. App. LEXIS 20892, 1993 WL 310900 (Fed. Cir. 1993).

Opinion

ARCHER, Circuit Judge.

DECISION

John W. Wyatt et al. (Appellants) appeal from the order of the United States District Court for the Northern District of California, No. C 79 1492 SAW (filed Sep. 11, 1992), granting the United States’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. We affirm.

DISCUSSION

A. Appellants are representative of a large number of enlisted and former members of the military services.1 Appellants agreed either to reenlist or to undertake new duties at times when the skills they were to perform were designated by the Secretaries of the military services as qualifying them for proficiency pay pursuant to 37 U.S.C. § 307(a)(2).2 Either before or after Appellants began their new duties, the respective Secretaries abolished proficiency pay status for such skills and declined to pay them proficiency pay for the remainder of their enlistment periods. Appellants brought this action in the district court under the Little Tucker Act, 28 U.S.C. § 1346(a)(2), seeking [400]*400to recover proficiency pay for the periods they performed work that previously would have qualified them for such pay.3 The district court granted the United States’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), and this appeal followed.

B. Dismissal under Rule 12(b)(6) for failure to state a claim is proper where “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). We review de novo the district court’s grant of a motion to dismiss for failure to state a claim upon which relief can be granted. Advanced Cardiovascular Sys., Inc. v. SciMed Life Sys., Inc., 988 F.2d 1157, 1160 (Fed.Cir.1993).

This case involves claims to military pay. “[C]ommon-law rules governing private contracts have no place in the area of military pay. A soldier’s entitlement to pay is dependent upon statutory right.” Bell v. United States, 366 U.S. 393, 401, 81 S.Ct. 1230, 1235, 6 L.Ed.2d 365 (1961). Appellants’ entitlement to pay in this case therefore turns upon a construction of 37 U.S.C. § 307; a matter of law on which this Court exercises its judgment independent of the district court’s decision. Madison Galleries, Ltd. v. United States, 870 F.2d 627, 629 (Fed.Cir.1989).

Statutory construction begins with an analysis of the language of the statute itself. Id. As the Supreme Court has held, “If the statute is clear and unambiguous ‘that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.’ ” Board of Governors of the Fed. Reserve Sys. v. Dimension Fin. Corp., 474 U.S. 361, 368, 106 S.Ct. 681, 685-86, 88 L.Ed.2d 691 (1986) (quoting Chevron U.S.A Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43, 104 S.Ct. 2778, 2781-82, 81 L.Ed.2d 694 (1984)). “Unless exceptional circumstances dictate otherwise, “when we find the terms of a statute unambiguous, judicial inquiry is complete.’ ” Burlington N. R.R. v. Oklahoma Tax Comm’n, 481 U.S. 454, 461, 107 S.Ct. 1855, 1860, 95 L.Ed.2d 404 (1987) (alteration and citation omitted); In re United States, 877 F.2d 1568, 1572 (Fed.Cir.1989).

The proficiency pay statute, 37 U.S.C. § 307, expressly gives the Secretaries of the military services authority to reduce or abolish proficiency pay for any skill. Section 307(c) provides that the Secretary “may, when he considers it necessary, increase, decrease, or abolish proficiency pay for any skill.” Nothing in this language precludes the Secretaries from abolishing proficiency pay at any time. By its express terms, therefore, section 307 gives the Secretaries wide discretion to determine the timing and amount of proficiency pay that will be paid to service members for work in critical skill areas. Thus, the statute does not preclude changing or eliminating the payment of proficiency pay during the term of enlistment of a service member.

The statute’s history does not reveal a Congressional intent contrary to the plain language of the statute. Appellants point to nothing in the legislative history that clearly indicates an intended limit on a Secretary’s discretion to abolish proficiency pay. Rather, the legislative history cited by Appellants tends to confirm that Congress wanted the Secretaries to have flexibility in decreasing or abolishing proficiency pay for a satisfied or obsolete skill so that money and personnel could be directed to a different area.4

[401]*401Appellants’ principal argument is that the Supreme Court’s decision in Larionoff v. United States, 431 U.S. 864, 97 S.Ct. 2150, 53 L.Ed.2d 48 (1977), should control the outcome in this case. In Larionoff, the Court concluded, based on a clear expression of Congressional intent, that soldiers’ rights to special Variable Re-enlistment Bonuses (VRB) under 37 U.S.C. § 308(g) vested at the point they signed their reenlistment agreements. We do not agree, however, that the holding in Larionoff requires a similar determination that a right to proficiency pay vests at the time of reenlistment or other change of status.

Larionoff involved a different statutory provision, 37 U.S.C. § 308(g), that lacked the express grant of discretion contained in 37 U.S.C. § 307(c). The VRB legislation was enacted after proficiency pay was authorized, and the Supreme Court recognized that the VRB was designed to fill a need for a reenlistment incentive that was not filled by proficiency pay. Larionoff, 431 U.S. at 874, 97 S.Ct. at 2156.

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Wyatt v. United States
2 F.3d 398 (Federal Circuit, 1993)

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2 F.3d 398, 1993 U.S. App. LEXIS 20892, 1993 WL 310900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyatt-v-united-states-cafc-1993.