STEIN v. USA

Filing 100

Order. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (jm5) Copy to parties.

In the United States Court of Federal Claims
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KEVIN M. STEIN,
Plaintiff,
v.
UNITED STATES,
Defendant.
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No. 10-170C
Filed: March 31, 2015

ORDER

On February 27, 2015, the court issued an opinion in the above-captioned case.
Granting defendant’s motion to dismiss in part, the court concluded that plaintiff is entitled
to back pay and allowances for the 26 days between his wrongful discharge on March 19,
2004 and the expiration of his enlistment on April 14, 2004. On March 27, 2015, the
parties filed a joint status report regarding calculation of plaintiff’s back pay. The joint
status report indicated that:
The Defense Finance and Accounting Service (DFAS) calculated that, had
plaintiff not been discharged on March 19, 2004, and thereby permitted to
serve until the expiration of his enlistment on April 14, 2004, he would have
earned 25 days of additional pay and allowances. Although there are 26
calendar days between these two dates, there are only 25 days that are
computed for pay purposes.
In accordance with 5 U.S.C. § 5505, which requires the 31st day of each
month to be “ignored for computing pay,” DFAS did not include March 31,
2004 in its calculation. Based upon plaintiff’s paygrade and time in service,
DFAS calculated that plaintiff would have received a gross amount of
$3,524.17 in pay and allowances, before tax and benefit deductions.
Deductions reduce the amount to $3,230.63. Factoring in contributions to
Social Security and Medicare benefits would increase the amount to
$3,700.33, which reflects the dollar value of the back pay. These figures do
not include interest because interest is not available to plaintiff.
(footnote omitted).1
The joint status report also reflected the calculations “[i]f the Court finds that plaintiff
should have been paid for a 26th day, notwithstanding the provisions of 5 U.S.C. §5505
and DoD FMR, Vol. 7a.” The court believes, however, that the provisions cited by
defendant govern. The court, therefore, does not address the alternative amounts.
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The court agrees that plaintiff earned 25 days of additional pay and allowances.
Therefore, plaintiff is entitled to $3,700.33, and the Clerk of the Court shall enter
JUDGMENT in favor of plaintiff in the amount of $3,700.33.
IT IS SO ORDERED.
s/Marian Blank Horn
MARIAN BLANK HORN
Judge

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