A Navy service member's administrative separation ended an active-duty career early and affected pay, service credit, and potential retirement rights. After an initial correction board denial, the firm pursued the matter in the U.S. Court of Federal Claims.

From correction board to federal court

The firm petitioned the Board for Correction of Naval Records to address the separation and its financial consequences. The Board initially denied the petition despite the client's history of reenlistments and an approved extension. That denial left the separation and its consequences in place, making federal review the next avenue for relief. The firm then filed a federal action seeking military pay and related relief. The Court of Federal Claims determined that the separation was improper and remanded the matter to the Board for reconsideration.

The record and benefits correction

On remand, the Board recommended treating the client as if he had remained on active-duty through his approved enlistment extension, with the active-duty pay and benefits attributable to that period. It also recommended constructive service credit sufficient to reach the 20 year service date.

The correction included removal or correction of separation related entries and a new DD Form 214 reflecting a later separation date and an Honorable characterization of service. The Board also recognized eligibility to request transfer to the Fleet Reserve, a consequential step for a member reaching the 20-year service threshold. These remedies were directed through correction of the military record, with the qualifying pay and benefits tied to the constructive period of service; they should not be read as an unrestricted award of all possible future benefits. The Navy approved the Board's majority recommendation. The Court of Federal Claims subsequently entered judgment in the client's favor and awarded attorneys' fees and expenses.

Result

Federal litigation led to substantial Navy record corrections, qualifying active-duty pay and benefits, constructive credit through the 20 year point, and a judgment and fee award.

View additional Case Results and information about the firm's Military Justice practice.

Past results do not guarantee a similar outcome. Results depend on the particular facts and legal circumstances of each matter.