Case Explained: 24-1690: QOYE v. US [OPINION], Precedential

Court: United States Court of Appeals for the Federal Circuit Filed: 2026-07-30 The Federal Circuit vacated the United States Court of Federal Claims’ decision affirming the Board for Correction of Naval Records’ denial of military disability retirement and remanded the case for further proceedings. The court held that the Board’s fitness determination was arbitrary and capricious because it failed to consider the requisite factors set forth in SECNAVINST 1850.4E § 3304, specifically by not analyzing whether the veteran’s narcolepsy affected his ability to perform common military tasks, deployability, or special qualifications required for nuclear field duty under MANMED § 15-103. Additionally, the court reversed the Federal Claims Court’s dismissal of the veteran’s claims for record correction and reenlistment bonus recoupment as time-barred. The appellate court determined that these claims accrued upon the Board’s final action rather than at the date of discharge, thereby establishing subject matter jurisdiction. On remand, the Board must properly evaluate the § 3304 factors to determine fitness for duty and reconsider whether the veteran is entitled to liberal consideration under the Kurta Memo and 10 U.S.C. § 1552(h) regarding his request to change his discharge narrative. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.