WILLIAM A. CLARK, PLAINTIFF-APPELLANT, V. UNITED STATES, DEFENDANT-APPELLEE., 322 F.3D 1358, NO. 02-5062 (UNITED STATES COURT OF APPEALS, FEDERAL CIRCUIT, MARCH 18, 2003)
Member of state National Guard sued United States, seeking compensation for time spent completing mandatory correspondence courses. The United States Court of Federal Claims, Edward J. Damich, Chief Judge, 50 Fed.Cl. 727, dismissed complaint for failure to state claim. Member appealed. The Court of Appeals, Schall, Circuit Judge, held that: (1) jurisdiction existed over member's claim under Tucker Act, and (2) statute did not preclude member from seeking compensation for time spent in completing mandatory correspondence courses while member was in service to state National Guard and not the National Guard of the United States. Reversed and remanded.
