Judgment of the United States Court of Federal Claims denying petitioner's claim for back pay based on improper transfer after serving in the Navy for twenty years is affirmed in part, vacated in part and remanded where: 1) judgment of the court that petitioner's transfer to the Fleet Reserve was not improper is affirmed; and 2) judgment rejecting petitioner's claim for back pay from October 2000 to mid-May 2001 based on his post-transfer service is vacated and remanded.
Appeal from: United States Court of Federal Claims
Decided September 29, 2009
Opinion by Dyk, Circuit Judge.
For Appellant: Rebecca A. Koch, Kirkland & Ellis LLP
For Appellee: Kent Kiffner, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice