Jerry Lynn Real v. The United States

SENTER, Chief Judge.

This is an appeal from a decision of the United States Claims Court dismissing the instant complaint on the ground that it was time barred under 28 U.S.C. § 2501. Pursuant to 28 USC §§ 1491(a)(1) & (2) (1988), the appellant brought a claim for back pay asserting that the Board for the Correction of Naval Records acted arbitrarily in denying the appellant’s application to correct his records to reflect that he had been retired due to disability from the Navy in 1974, and thus he has unlawfully been deprived of disability pay and other benefits. Because we conclude that the…