Brown v. United States
Opinion of the Court
James A. Brown (“Brown”) appeals the judgment of the Court of Federal Claims (“Claims Court”), which: (1) granted the government summary judgment on the administrative record regarding Brown’s claim that the judge presiding over his court-martial was not qualified under 10 U.S.C. § 826(c); and (2) dismissed Brown’s claim that the government had breached his enlistment contract for failure to state a claim. Brown v. United States, No. 02-776C (June 25, 2003). We affirm.
We review the decision of the Claims Court de novo. See Info. Tech. & Applications Corp. v. United States, 316 F.3d 1312, 1318 (Fed.Cir. 2003) (reviewing summary judgment on the administrative record de novo); Bay View, Inc. v. United States, 278 F.3d 1259, 1263 (Fed.Cir. 2001) (reviewing dismissal for failure to state a claim de novo).
First, Brown contends that his court-martial violated 10 U.S.C. § 826(c) because the presiding judge, Lieutenant Colonel Wright, had elected inactive status in the Pennsylvania state bar. Brown made the same claim in the direct appeal
Second, Brown contends that the government breached the terms of his enlistment contract by violating 10 U.S.C. § 826(c). This argument is not availing because a military service member’s rights, such as entitlement to pay, are not determined by common-law contract principles. Bell v. United States, 366 U.S. 393, 401, 81 S.Ct. 1230, 6 L.Ed.2d 365 (1961) (“it is to be observed that common-law rules governing private contracts have no place in the area of military pay.”). Instead, those rights are determined by statute. Favreau v. United States, 317 F.3d 1346, 1356 (Fed.Cir. 2002); Dock v. United States, 46 F.3d 1083, 1086 (Fed.Cir. 1995). Therefore, as the Claims Court correctly determined, Brown cannot state a claim against the government for breach of contract. The remainder of Brown’s contentions, which were not raised in his direct appeal before the military courts, were waived. See Martinez v. United States, 914 F.2d 1486, 1488 (Fed.Cir. 1990).
Reference
- Full Case Name
- James A. BROWN v. UNITED STATES
- Status
- Published