Young v. United States

United States Court of Federal Claims·Decided July 30, 2026·No. 25-1150·Published

Opinion

In the United States Court of Federal Claims No. 25-1150 Filed: July 30, 2026

HOWARD YOUNG,

Plaintiff,

v.

THE UNITED STATES,

Defendant.

Howard Young, San Jose, CA, Pro Se Plaintiff.

Daniel A. Hoffman, Trial Attorney, Commercial Litigation Branch, with Eric P. Burskin, Assistant Director, Patricia M. McCarthy, Director, and Brian M. Boynton, Assistant Attorney General, U.S. Department of Justice, Washington, D.C., and Robert R. Rodriguez, MAJ, JA, Litigation Attorney, Military Personnel Branch, Litigation Division, Fort Belvoir, VA, Of Counsel, for Defendant.

MEMORANDUM OPINION AND ORDER TAPP, Judge.

Plaintiff, Howard Young (“Mr. Young”), initiated this military pay dispute seeking compensation and certain ancillary benefits dating back to his 1981 discharge. 1 (See Compl. at 1–2, ECF No. 1). Mr. Young and the United States move for judgment on the remaining compensation claims: namely, for wrongful discharge, disability retirement, and collateral equitable relief. (See Pl.’s Mot. for J. Admin. R. (“Pl.’s MJAR”), ECF No. 31; Def.’s Cross-Mot. for J. Admin. R. (“Def.’s xMJAR”), ECF No. 32). The Court must determine whether the statute of limitations bars some claims and whether the Army Board for Correction of Military Records’s (“BCMR”) denial of Mr. Young’s disability pay was legally sound under the “substantial evidence” standard and not arbitrary and capricious. (See id.; Pl.’s Resp. to Def.’s Mot. J. Admin. R. (“Pl.’s Resp.”) at 2–3, ECF No. 33). For the reasons stated below, the United States’ Motion for Judgment is GRANTED.

1 Because the Court’s jurisdiction extends only to claims for pay rather than for benefits, Mr. Young’s benefit claims were previously dismissed. (Partial Dism. Order at 4, ECF No. 29).

I. Background 2

In February 1980, seventeen-year-old Mr. Young began serving as a radio operator in the United States Army. (See Admin. R. (“AR”) at 91, 96, ECF No. 30-1). As part of his enlistment process, a medical examiner assessed Mr. Young’s physical condition and determined that he met high fitness standards in all areas except for moderate flat feet, which warranted minor activity restrictions involving his lower extremities. (Id. at 8). In all other aspects, he was found fit for duty. (Id.) After three months of service, Mr. Young was arrested and subsequently convicted of misdemeanor theft involving a gold chain. (See id. at 12, 16). In the following months, Mr. Young received multiple counseling sessions regarding his negative attitude, neglect of duty, shoplifting, and fighting. (Id. at 3). The Army ultimately discharged Mr. Young on November 20, 1980, under Other Than Honorable conditions due to his criminal conviction and history of misconduct. (Id. at 3). Mr. Young was a minor during the entirety of his service. (Compl. at 2). In total, Mr. Young was credited with eight months and twenty-seven days of active service. (AR 10).

During the discharge process and after being advised of his rights, Mr. Young waived the opportunity to appear before a board of officers, declined a separation physical, and did not submit statements on his own behalf. (AR 4, 84). On September 3, 1981, the United States Department of Veterans Affairs (“VA”) denied Mr. Young access to military benefits and compensation due to his service and the nature of his discharge. (Pl.’s Supp. Docs. Ex. A, ECF No. 7-1). Mr. Young sought an upgrade of his discharge fifteen years after his discharge from the Army; however, the Army Discharge Review Board denied his request on February 29, 1996. (See AR 4).

Approximately twenty-six years later, Mr. Young once again filed claims with the VA seeking benefits both prospectively and retroactively to 1981. (See Compl. at 2; Pl.’s Mot. for Summ. J. Exs. A, B, ECF Nos. 10-1, 10-2). In 2024, the VA recognized Mr. Young’s claim for post-traumatic stress disorder (“PTSD”) and accordingly found him eligible for veterans’ benefits such as disability compensation. (AR 27). On June 6, 2025, the VA granted Mr. Young veterans’ benefits but only awarded one year of back pay. (Compl. at 1).

During the pendency of the current litigation, the BCMR denied Mr. Young’s military pay claims. (See AR 6). In his petition, Mr. Young requested to have his pre-service childhood meningitis, PTSD, mental health, and myasthenia gravis recognized since none were evaluated at the time of his discharge. 3 (Id. at 12). In addition, Mr. Young claimed that his discharge should

2 This summary of facts is taken from Mr. Young’s Complaint, Supporting Documents, and Motion for Judgment on the Administrative Record, as well as the Administrative Record. (ECF Nos. 1, 7, 10, 30). As it applies to the United States’ Motion to Dismiss, the Court accepts the allegations as true for purposes of this Opinion. Cary v. United States, 552 F.3d 1373, 1376 (Fed. Cir. 2009) (citing Gould, Inc. v. United States, 935 F.2d 1271, 1274 (Fed. Cir. 1991)). 3 Myasthenia gravis is a chronic neuromuscular disease which causes weakness in voluntary muscles including muscles that connect to a person’s bones, muscles in the face, throat, and diaphragm. Myasthenia Gravis, Nat’l Inst. of Neurological Disorders & Stroke,

be upgraded since he lacked a “pattern of misconduct” and did not receive adequate counseling, rehabilitation, or parental consultation. (Id. at 13). However, the BCMR found no evidence of any existing disabilities during his service and found that his behavioral health did not mitigate his discharge since PTSD does not affect one’s ethical faculties. (Id. at 11, 14). In addition, the BCMR found that his history of insubordination and fighting reflected a pattern of misconduct. 4 (Id. at 15).

Mr. Young’s Complaint involves three main claims: (1) denial of benefits on September 3, 1981; (2) failure to provide back pay benefits from 1981 through 2025; and (3) wrongful discharge. (Compl. at 1–2). Mr. Young seeks nine million dollars in punitive damages alongside back pay and compensation from 1981 to 2025. (Id. at 2). The Court previously dismissed Mr. Young’s claims concerning veterans’ benefits for lack of jurisdiction. (Partial Dism. Order at 4). However, the Court possesses jurisdiction over Mr. Young’s military pay claims to the extent they seek monetary compensation and are outside the claims asserted at the VA. (Id. at 5); Military Pay Act, 37 U.S.C. § 204. Consequently, the Court resolves Mr. Young’s remaining claims on the administrative record.

II. Analysis

The parties each move for judgment. (Pl.’s MJAR; Def.’s xMJAR). Military pay claims such as Mr. Young’s are resolved on the administrative record. Walls v. United States, 582 F.3d 1358, 1367–68 (Fed. Cir. 2009). RCFC 56.1 requires the Court to treat a motion for judgment on the administrative record “in accordance with the rules governing motions for summary judgment, with the exception that any supplementation of the administrative record shall be by stipulation or by court order only.” Banknote Corp. of Am., Inc. v. United States, 365 F.3d 1345, 1352 (Fed. Cir. 2004) (citations omitted). The Court makes “factual findings from the record evidence as if it were conducting a trial on the record” and “reviews such findings for clear error.” Bannum, Inc. v. United States, 404 F.3d 1346, 1354 (Fed. Cir. 2005).

For his part, Mr. Young argues that the Administrative Record supports his underlying claims. (Pl.’s MJAR at 1–2). The United States also moves for judgment, first arguing that Mr. Young’s wrongful discharge claim is barred by the Court’s six-year statute of limitations. (Def.’s xMJAR at 13). The United States further maintains that the BCMR properly denied Mr. Young disability retirement, and that, because there is no monetary judgment in this case, this failure bars his request for equitable relief. (Id. at 14–18). The Court agrees with the United States.

A. Wrongful Discharge

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