Shepherd v. United States of America

Mark Shepherd, a former member of the U.S. military, filed a pro se complaint against the United States seeking back pay and allowances he alleged were owed for his service. The case was adjudicated in the United States Court of Federal Claims before reaching the United States Court of Appeals for the Federal Circuit. Shepherd claimed entitlement to various forms of military compensation that he asserted had been improperly withheld. The government moved to dismiss for lack of subject-matter jurisdiction, arguing that Shepherd's claims were barred by the statute of limitations or failed to state a claim upon which relief could be granted. On August 10, 2023, the Federal Circuit issued its decision affirming the lower court's dismissal of the case.

The United States Court of Appeals for the Federal Circuit affirmed the dismissal by the Court of Federal Claims, holding that Shepherd's claims were jurisdictionally barred by the six-year statute of limitations under the Tucker Act.

Whether the Court of Federal Claims possessed subject-matter jurisdiction over Shepherd's military pay claims, and whether the claims were timely filed within the applicable statute of limitations under 28 U.S.C. § 2501.

The decision reinforces the strict application of the six-year statute of limitations in military pay cases against the federal government, underscoring the jurisdictional nature of the Tucker Act's time bar and its impact on veterans seeking retroactive compensation.