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DOES THE STATUTE OF LIMITATIONS START ON THE DAY THE INCIDENT HAPPENED, OR AFTER THE BOARD OF MILITARY CORRECTIONS DENIES YOU?

Chicago, IL |

I'm trying to sue the board of military corrections because they denied my request and I feel like i am right. So when does the "time clock" begin to tick? On they day It originally happened, or after I was denied by the board of military corrections?

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Filed under: Appeals
Attorney answers 4

Posted

You might want to request reconsideration first. Seems like maybe you didn't consult with a military lawyer first--maybe its time for that too.

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Posted

Before you try to "sue" the board of military corrections, which is likely not even possible to do, file for a reconsideration.

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Posted

I agree that you might want to petition for reconsideration - however, the SOL should run from the date of the adverse decision under the Administrative Procedures Act (APA). The only issue I see about petitioning for reconsideration is that if you want to petition the Fed Ct on the board's decision vice petitioning the Fed Ct on the executive secretary's decision on the reconsideration - you need to meet the SOL for the board decision. I just ran into this issue. I'd also say that generally the APA is the way to "sue" them, and it's tough - because you must show their decision was arbitrary and capricious - and that's tough. It's also also pretty expensive to go into Fed Ct. You can call my office for a consult if you want.

Posted

I cannot tell you when the statute of limitation begins without knowing about the underlying incident/problem. The rule is that the statute of limitations begins to tick after "the claim" first accrues. Thus, identifying your claim is critical in applying the statute of limitations.

If you were wrongfully discharged, the statute usually begins to run from the date of discharge not from reviews before the corrections boards. There are often claims under the Administrative Procedure Act arising from procedural errors before the correction boards, with respect to which the statute of limitation begins when the correction boards act. However, those APA claims are often subsumed by the underlying substantive claim, and you usually do not get a second window under the statute of limitations. Further, you can have multiple underlying substantive claims for which the statute of limitations starts at separate times.

As you can see, the issue is quite complicated. While many lawyers have trouble applying the statute of limitations, you are still better off consulting an attorney to keep you from loosing your claims forever.

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