DOE v. U.S.

No. 96-5108.

132 F.3d 1430 (1997)

John DOE, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 30, 1997.


Attorney(s) appearing for the Case

Guy James Ferrante, King & Everhard, P.C., Falls Church, VA, argued, for Plaintiff-Appellant.

John S. Groat, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for Defendant-Appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief was Lt. Col. Steve Pecinovsky, Dept. of the Air Force, Office of the Judge Advocate General, Arlington, VA.

Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and PLAGER, Circuit Judge.


PLAGER, Circuit Judge.

Based on a charge of having sexually molested his teenage daughter on a camping trip in 1981, Major John Doe1 was discharged seven years later from the United States Air Force with an "other than honorable" discharge. After exhausting his administrative remedies with the Air Force, Major Doe sued in the United States Court of Federal Claims for the back pay, both active and retired, that he would have earned had...

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