Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SCHAEFER v. CHENEY

October 25, 1989

PAUL S. SCHAEFER, Plaintiff,
v.
RICHARD B. CHENEY, et al., Defendants; ERIC J. ZEIDMAN, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; PETER H. GREENMAN, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; DAVID A. BOSSE, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; RAND J. CUTHBERTSON, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; LARRY A. ZIESKE, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; DONALD A. HOLLSTEN, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; SCOTT D. GILLOGLY, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants; LAWRENCE P.A. BURGESS, Plaintiff, v. RICHARD B. CHENEY, et al., Defendants


George H. Revercomb, United States District Judge.


The opinion of the court was delivered by: REVERCOMB

GEORGE H. REVERCOMB, UNITED STATES DISTRICT JUDGE

 This case involves the consolidated complaints of nine Plaintiffs, all Army medical doctors, who attended the United States Military Academy at West Point (USMA) and then entered medical school between 1973 and 1976 pursuant to the Defendants' Army Regulation 601-112 program. The Plaintiffs contend that the Defendants have miscalculated the dates on which their active duty service obligations (ADSOs) expire in violation of AR 601-112. *fn1" First, they claim that under AR 601-112 their ADSOs are a total of seven years. Second, they claim that their years in Army residency apply to their ADSOs. The Plaintiffs further claim that because the Defendants have recalculated and extended their ADSOs beyond the time allowed under AR 601-112 their constitutional rights have been violated; specifically, (1) a deprivation of their property without just compensation or due process in violation of the Fifth Amendment; (2) an illegal and unreasonable seizure of their persons in violation of the Fourth Amendment; and (3) involuntary servitude in violation of the Thirteenth Amendment. Finally, the Plaintiffs contend that even if the Defendants are lawfully able to recalculate and extend their ADSOs in accordance with AR 601-112, the Plaintiffs relied upon earlier representations by the Defendants and the Defendants are estopped from imposing their most recent ADSO calculations. This matter is before the Court pursuant to the Parties' cross-motions for summary judgment. FED.R.CIV.P. 56. *fn2"

 This Court rules that the Defendants are correctly interpreting and applying AR 601-112 in calculating all of the Plaintiffs' ADSOs. Accordingly, this Court does not reach Plaintiffs' constitutional claims which were premised on the assumption that the Plaintiffs were being detained by Defendants beyond the ADSO authorized by statute and regulation. This Court further rules that to the extent the Plaintiffs have been given contrary representations by the Defendants in their ADSOs and release dates, the Plaintiffs should exhaust their available remedies before the Army Board for Correction of Military Records which is in a better position than this Court to determine the binding effect of representations that Defendants had earlier made to the Plaintiffs.

 I. Facts

 This Court reviews the histories of each Plaintiff separately.

 A. Major Paul S. Schaefer

 Plaintiff Schaefer is stationed at Walter Reed Army Medical Center in Washington, D.C. Plaintiff graduated from USMA on June 4, 1975 and entered medical school on September 8, 1975. Plaintiff signed a medical school agreement which contained table 1-1 from the 1972 AR 601-112 regulation but which also expressly stated that he would incur a twelve-year ADSO. He graduated from medical school on June 3, 1979 and did his internship from July 1, 1979 to June 30, 1980. On December 10, 1979 he signed a residency agreement which provided that he incurred an additional two-year ADSO.

 On March 7, 1988 he met with Captain Patricia Shehan in order to determine the correct date of his obligated service. Captain Shehan concluded that Plaintiff's ADSO would be complete on June 30, 1989. Captain Shehan informed Plaintiff that his total ADSO was seven years and that he was allowed three years payback for his residency. After making this determination, Captain Shehan called her supervisor, Lieutenant Colonel Otis Linkous, who confirmed that Plaintiff's ADSO expired on June 30, 1989. The date was given to Plaintiff by Captain Shehan in writing.

 Plaintiff Schaefer contends that his ADSO was complete on June 30, 1989. The Defendants have calculated Plaintiff's ADSO to expire on March 1, 1994 but represent to Plaintiff and this Court that they will release him on June 4, 1990.

 B. Major Lawrence P.A. Burgess

 Plaintiff Burgess is stationed at Walter Reed Army Medical Center in Washington, D.C. Plaintiff graduated from USMA on June 2, 1976 and entered medical school on August 20, 1976. He graduated from medical school on May 18, 1980 and did his internship from July 1, 1980 to June 30, 1981. On November 28, 1980 Plaintiff signed a residency agreement for training in otolaryngology which specified that he incurred an additional two-year ADSO. He participated in this program from July 1, 1981 to June 30, 1985. On July 5, 1985 he signed an agreement for a civil fellowship in head and neck surgery in which he incurred an additional one-year ADSO. He was in this program from July 1, 1985 to June 30, 1986.

 When he was recruited for the AR 601-112 program he met with Lieutenant Colonel Boyle who showed him the 1972 version of the regulation which contained the merger of obligations table. LTC Boyle informed Plaintiff that his total obligation for participation in the program and USMA would be seven years and that his residency would apply to the payback of his ADSO.

 Plaintiff Burgess claims that he will satisfy his ADSO on May 18, 1991. The Defendants have calculated Plaintiff's ADSO to expire on March 1, 1998 but represent to Plaintiff and this Court that it will release him May 18, 1994.

 C. Major David A. Bosse

 Plaintiff Bosse is stationed at Brooke Army Medical Center in Fort Sam Houston, Texas. He graduated from USMA on June 5, 1974 and entered medical school on September 4, 1974. He graduated from medical school on March 3, 1978 and did his internship from July 1, 1978 to June 30, 1979. On November 15, 1978, Plaintiff signed a training agreement for pediatrics which specified a two-year ADSO and provided that he would not be permitted to payback prior ADSOs during the residency. He was in his residency training from July 1, 1979 to June 30, 1981. On December 5, 1983 he signed a training agreement for a radiology residency program which provided that he would not incur an additional ADSO but that he could not payback any prior ADSO during the residency. He was involved in this residency from July 1, 1984 to June 30, 1988.

 While at USMA in 1973 and 1974 the Plaintiff was provided with the 1972 version of AR 601-112 which provided for a total ADSO of seven years by Major Vanderbush who was the officer in charge in the Dean's office.

 Plaintiff Bosse contends that his ADSO expires on July 1, 1990. The Defendants have calculated Plaintiff's ADSO to expire on December 5, 1996 but represent to Plaintiff and this Court that they will release him on March 4, 1992.

 D. Major Rand J. Cuthbertson

 Plaintiff Cuthbertson is stationed at West Point, New York. He graduated from USMA on June 2, 1976 and entered medical school on August 27, 1976. He graduated from medical school on May 23, 1980 and did his internship from July 1, 1980 to June 30, 1981. He served active duty from July 1, 1981 to June 30, 1984. On December 5, 1983 he signed a residency agreement for radiology training that provided he would not incur any additional ADSO but that his prior ADSOs would be tolled while he was in the residency program. Plaintiff was in the residency program from July 1, 1984 to June 30, 1988.

 In the week of August 4, 1986 he met with LTC Linkous who acknowledged that there were administrative problems in calculating the ADSOs under the AR 601-112 program but that the Defendants' policy was to retain the physicians as long as possible.

 Plaintiff Cuthbertson claims that his ADSO will be fulfilled on June 30, 1990. The Defendants have calculated Plaintiff's ADSO to expire on March 1, 1997 but represent to Plaintiff and this Court that they will release him on May 13, 1992.

 E. Major Peter H. Greenman

 Plaintiff Greenman is stationed at Walter Reed Army Medical Center in Washington, D.C. He graduated from USMA on June 2, 1976 and entered medical school on August 19, 1976. He graduated from medical school on May 18, 1980 and did his internship from July 1, 1980 to June 30, 1981. On December 8, 1980, Plaintiff signed a residency agreement for general surgery training which provided that he incurred an additional year ADSO. He participated in this residency from July 1, 1981 to June 30, 1982. On December 10, 1981, Plaintiff signed a residency agreement for anesthesiology training which provided that he could pay back his USMA ADSO during the course of this residency. Plaintiff was in this residency from July 1, 1982 to June 30, 1985.

 In 1971 and early 1972, while in high school, Plaintiff was interested in medical school and met with an Army recruiter. The recruiter apprised Plaintiff that under AR 601-112 the Plaintiff would incur a seven-year ADSO which he could start to payback during residency training.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.