S.j. Hazan, Col., Usar, Ret., Plaintiff-appellant, v. the United States, Defendant-appellee, 847 F.2d 842 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 847 F.2d 842 (Fed. Cir. 1988) April 27, 1988

Before FRIEDMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.



The judgment of the United States Claims Court, granting the motion of defendant-appellee for summary judgment and dismissing the complaint of Colonel Hazen, is affirmed on the basis of the opinion of the Claims Court, 13 Cl.Ct. 66 (1987).


The Claims Court held that the acceptance of a settlement and the execution of a general release by appellant barred his subsequent claim for military back pay, the correction of military records, and other relief denied by the Army Board for the Correction of Military Records. This conclusion is unquestionably in accord with the relevant statute, 10 U.S.C. § 1552(c) (1982), and binding judicial precedent relied upon by the Claims Court. That court never reached the merits of the claim nor did it need to do so. Its judgment is without legal fault.