Al Mark Gold, Plaintiff-appellant, v. the United States, Defendant-appellee, 915 F.2d 1584 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 915 F.2d 1584 (Fed. Cir. 1990) Sept. 24, 1990

Before RICH, Circuit Judge, and SKELTON and BALDWIN, Senior Circuit Judges.

DECISION

PER CURIAM.


Petitioner Al Mark Gold appeals from the April 11, 1990 Order of the United States Claims Court, Case No. 557-89C, dismissing Gold's complaint as being barred by the statute of limitations, 28 USC Sec. 2501. We affirm.

OPINION

In his brief to this court, Gold discusses only the merits of his claim, and in no way attempts to show us that his action is not barred by the statute of limitations. Rather, his appeals are to our emotions. The Claims Court, in a well reasoned opinion, correctly concluded as a matter of law that Gold could not now collaterally attack his 1946 dishonorable discharge, and we affirm on the basis of that opinion. This court is without authority to consider facts not of record in the Claims Court or to disregard the statute of limitations because of sympathy.