House v. United States

ALLEGRA, Judge:

While a Navy officer, the plaintiff in this military pay case was court-martialed on charges relating to the sexual assault of a sailor. Subsequently, he resigned from the Navy. After the filing of this case, investigations revealed that the DNA evidence used to convict plaintiff was faulty (and perhaps fraudulent), leading the Navy Judge Advocate General to set aside plaintiffs conviction. At issue is whether plaintiffs resignation from the Navy prevents him from receiving compensation under the Military Back Pay Act. For the reasons that follow, the court concludes that it…