Michael S. Ross, Plaintiff-appellant, v. the United States, Defendant-appellee, 98 F.3d 1358 (Fed. Cir. 1996)

ORDER

The United States moves for summary affirmance of the Court of Federal Claims' January 23, 1996 judgment dismissing Michael S. Ross's complaint for failure to state a claim upon which relief may be granted. The United States states that Ross opposes. However, Ross has not filed a response.

On June 2, 1995, Ross filed a complaint in the Court of Federal Claims seeking, inter alia, a declaratory judgment for the correction of his military records, back pay, injunctive relief, and "costs of suit" in the amount of $1,000,000. Essentially, Ross challenged the Navy's failure to promote him and his subsequent discharge from service in 1966. The Court of Federal Claims granted the United States' motion to dismiss Ross's action on the ground that the complaint was not filed within six years after the claim had first accrued. 28 U.S.C. § 2501. Ross appealed to this court.

Summary disposition of a case "is appropriate, inter alia, when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists." Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). In the present case, it is clear that summary disposition is warranted. A claim for unlawful discharge from the military accrues on the date of the discharge. Bonen v. United States, 666 F.2d 536 (Ct. Cl. 1981). Although Ross was discharged from military service in 1966, he did not file his complaint until 1995, twenty-nine years later. The other incidents of which Ross complains, including the Navy's failure to promote him, necessarily occurred before 1966. Thus, we agree with the Court of Federal Claims that Ross's claims are time-barred by the six-year statute of limitations. See 28 U.S.C. § 2501.

Accordingly,

IT IS ORDERED THAT:

(1) The United States' motion for summary affirmance is granted.

(2) Each side shall bear its own costs.