Barnick v. US, No. 08-5074 - Military Law - Federal Circuit
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Barnick v. US, No. 08-5074

Judgment of the United States Court of Federal Claims upholding the decision of the Air Force Board of Correction of Military Records (AFBCMR) denying additional backpay and disability benefits is affirmed where: 1) the Court of Federal Claims did not err in concluding that the AFBCMR's failure to award additional incapacitation pay was not arbitrary, capricious, or contrary to law; 2) the Court of Federal Claims did not err in finding that the AFBCMR's decision not to award claimant constructive active duty pay was not arbitrary, capricious, or contrary to law; and 3) to the extent that claimant disagrees with the Air Force's decision not to reimburse certain expenses, the trial court's decision does not preclude claimant from filing another claim with the court.     

Read Barnick v. US, No. 08-5074

Appellate Information

Appealed from: United States Court of Federal Claims

Decided January 8, 2010

Judges

Before:  Gajarsa, Dyk, and Moore, Circuit Judges

Opinion by  Dyk, Circuit Judge

Counsel

For Appellant:   Louis P. Font, Font & Glazer

For Appellee:   Armando A. Rodriguez-Feo