This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.
Kelly v. United States (Precedential)
Matthew R. Kelly appeals from a decision by the United States Court of Federal Claims sustaining a determination by the Board for Correction of Naval Records that denied Mr. Kelly’s request for military disability retirement pay. Mr. Kelly served eight years in the U.S. Navy as a diver. In December 2013, he was separated from service “Under Honorable Conditions” based on misconduct. Years later, he sought and received from the Board for Correction of Naval Records an upgrade in his discharge characterization to “Honorable,” and a change in narrative reason for separation that omitted the “misconduct” basis. Mr. Kelly contends that once he obtained the upgrade and the change in narrative, he became eligible for military disability retirement pay. The Board for Correction of Naval Records disagreed, finding that Mr. Kelly was not eligible for military disability retirement pay. The Court of Federal Claims affirmed. We vacate the Court of Federal Claims’ affirmance and remand for a determination consistent with this opinion.
Rosario-Fabregas v. Department of the Army (Nonprecedential)
Mr. Jose Rosario-Fabregas, acting pro se, timely appeals a final decision of the Merit Systems Protection Board (“Board” or “MSPB”) dismissing his petitions for enforcement of two compliance initial decisions issued by the Board’s administrative judge (“AJ”). See Rosario-Fabregas v. Dep’t of the Army, Nos. NY-0752-10-0127-X-2, NY-0752- 10-0127-X-3, 2022 WL 3073707 (M.S.P.B. Aug. 1, 2022) (hereinafter Final Decision). We have jurisdiction under 28 U.S.C. § 1295(a)(9). For the reasons set forth below, we vacate the Board’s final decision and remand for specific further proceedings.