Case Explained: 25-1017: JOHNSON v. US [OPINION], Precedential

Court: United States Court of Appeals for the Federal Circuit Filed: 2026-08-04 The Federal Circuit affirmed the United States Court of Federal Claims’ dismissal of Christopher Johnson’s complaint seeking military disability retirement backpay and benefits as untimely under the six-year statute of limitations in the Tucker Act, 28 U.S.C. § 2501. The court held that Johnson’s claim accrued at the time of his August 1992 discharge from the Marine Corps, rendering his February 2024 filing well beyond the statutory period. The court applied the default accrual rule established in *Martinez v. United States*, which dictates that a Tucker Act claim for disability benefits accrues when the claimant is discharged without such benefits if an appropriate board has already denied entitlement prior to discharge. The Federal Circuit rejected Johnson’s arguments that subsequent administrative decisions by the Board for Correction of Naval Records (BCNR) and an ad hoc Physical Evaluation Board (PEB) in 2017, 2018, and 2020 restarted the limitations period under the “reopening rule.” The court distinguished *Interstate Commerce Commission v. Brotherhood of Locomotive Engineers*, noting that the reopening rule applies to direct judicial review of agency actions under the Administrative Procedure Act, not to original suits for money damages under the Tucker Act. Furthermore, the court held that the “half-a-legal-loaf” doctrine did not apply because Johnson was not required to exhaust administrative remedies before filing suit; since he could have sued immediately upon discharge, the limitations period began at that time rather than when the BCNR provided partial relief. The practical consequence is that Johnson’s claim for monetary relief related to his 1992 discharge is barred by the statute of limitations, and the judgment of the Court of Federal Claims dismissing the complaint remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.