Antonellis v. United States

DYK, Circuit Judge.

James Antonellis, an officer in the United States Navy Reserve, appeals from a decision of the United States Court of Federal Claims (“Claims Court”) dismissing his back pay claim for failure to state a claim upon which relief can be granted. See Antonellis v. United States, 106 Fed.Cl. 112 (2012). Antonellis alleged that he was entitled to back pay under the Military Pay Act, 37 U.S.C. § 206(a), because the Navy acted improperly in failing to assign him to a pay billet. The Claims Court dismissed Antonellis’ claim as non-justiciable, reasoning that there were no standards…