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.
Appealed from: United States Court of Federal Claims
Decided January 8, 2010
Opinion by Dyk, Circuit Judge
For Appellant: Louis P. Font, Font & Glazer
For Appellee: Armando A. Rodriguez-Feo