Castle v. Caldera

• Decision Date: 01 November 1999
• Docket Number: No. Civ.A. 99-1887.,Civ.A. 99-1887.
• Parties: Christopher M. CASTLE, Plaintiff, v. Louis CALDERA, Secretary of the Army, Defendant.
• Court: U.S. District Court — District of Columbia

74 F.Supp.2d 4

Christopher M. CASTLE, Plaintiff, v. Louis CALDERA, Secretary of the Army, Defendant.

No. Civ.A. 99-1887.

United States District Court, District of Columbia.

November 1, 1999.

As Amended November 22, 1999.

Eugene R. Fidell, David P. Sheldon, Kathy S. Ghiladi, Feldesman, Tucker, Leifer, Fidell & Bank LLP, Washington, DC, for plaintiff.

W. Mark Nebeker, Assistant United States Attorney, Washington, DC, for defendant.

MEMORANDUM OPINION

ROBERTS, District Judge.

Before this Court are defendant's motion to dismiss, or in the alternative, for summary judgment, and plaintiff's cross-motion for summary judgment. At issue is the extent to which plaintiff is bound to fulfill a service obligation to the Department of the Army (the "Army") which plaintiff incurred by pursuing a Ph.D. at the Army's expense. Plaintiff contends that the Army should be enjoined from requiring him to serve an additional six years on active duty because his service agreement permitted him to resign voluntarily from the Army so long as he reimbursed the Army for various educational expenses. The Army counters that plaintiff's request for declaratory and injunctive relief should be denied either because: (1) plaintiff's claim raises a non-justiciable military personnel matter, or (2) plaintiff's service agreement unambiguously gives the Army sole discretion over whether plaintiff could withdraw from his service obligation.

Because I conclude that the Army has put forth the only reasonably objective interpretation of the service agreement, defendant's motion to dismiss or, in the alternative, for summary judgment is granted and plaintiff's cross-motion for summary judgment is denied.

BACKGROUND

Plaintiff has been an active duty commissioned officer in the United States Army for twelve years. He has ascended to the rank of major and holds both a bachelor's degree and a master's degree in architecture. By all accounts, he has an exemplary military record.

In late 1994, when plaintiff was a captain, his deputy commander asked plaintiff whether he might be interested in enrolling in the Army's Long Term Health Education and Training Program (the "Program"). See Second Declaration of Christopher M. Castle ("Second Castle Decl.") at ¶ 2. The Program enables officers to attend advanced schooling at the Army's expense. See 10 U.S.C. §§ 2120-2127 (1994). In the summer of 1995, plaintiff chose to enroll in the Program. See Second Castle Decl. at ¶¶ 3-4. Soon thereafter, plaintiff provided his command with information for the application process. See id. at ¶ 4.

As part of the application process, Army regulations required plaintiff to submit a completed DA Form 3838. See Army Regulation ("AR") 351-3 § 4.4A(a)(1) (1988). DA Form 3838 contains the following "Obligatory Statement:"

I understand and agree that if selected for training any tender of resignation or request for release from active duty on my part will be disapproved until the total period of obligated active service is completed, except for the convenience of the Government or in case of extreme compassionate circumstances....

I understand that my service obligation will be computed in accordance with AR 351-3....

DA Form 3838 at Block 55 (Ex. B to Pl.'s Mem.Supp.Summ.J.). Plaintiff's application for enrollment in the Program included DA Form 3838, but neither he nor an authorized Army representative ever actually signed the form. See id. at Blocks 57, 61. The form was apparently submitted on his behalf by someone at his command. See Second Castle Decl. at ¶ 4. The Army then processed plaintiff's application.

On November 5, 1995, plaintiff received a Statement of Service Obligation ("SSO") in the mail along with a letter congratulating him on being admitted into the Program. See id. at ¶ 5. Two days later, plaintiff signed the SSO. See id. The SSO contains two provisions of particular relevance to this dispute. The first, located in paragraph 1, reads:

1. In accordance with Chapter 10, para 10-3(2), AR 351-3, I understand that by participating in the [Program], I will incur an active duty obligation (ADSO) of three times the length of the education or training for the first year of [sic] portion thereof. Participation for periods of education or training in excess of 1 year will result in an ADSO of three times the length of the training, until a maximum of six years is incurred. This adso [sic] commences upon completion or termination of my education/training. All provisions of AR 351-3 apply.

SSO at ¶ 1 (Ex. A to Pl.'s Mem.Supp. Summ.J.). Plaintiff thus promised to incur an Active Duty Service Obligation ("ADSO") of a maximum of six years in return for the Army's promise to pay for his advanced schooling.

The second provision at issue is contained in the third paragraph of the SSO. It reads:

3. I understand that in the event I voluntarily withdraw, or as a result of misconduct, fail to complete the required ADSO, I will reimburse the United States the cost of advance education, which includes tuition, books, supplies, and other costs clearly identified as paid by the United States, IAW para 10-2, AR 351-3. This does not include pay allowances, or travel expenses.

SSO at ¶ 3. Plaintiff contends that he understood this provision to mean that he could voluntarily withdraw from his ADSO at any time so long as he simply reimbursed the Army for the cost of his advanced education.

In the spring of 1996, plaintiff was accepted into the doctoral program for health facility planning at the Harvard University Graduate School of Design. Plaintiff subsequently received a Request for Orders ("RFO") dated April 26, 1996, which stationed him to Harvard University for three years beginning on September 10, 1996. The RFO also stated in relevant part, "Officer to incur an active duty obligation (ADO) IAW 351-3 (3 times length of schooling but no more than six years.) ADO commences upon completion or termination of schooling." RFO (Apr. 26, 1996) (Ex. G to Pl.'s Mem.Supp.Summ.J.).¹

Plaintiff began Harvard's three-year doctoral program as planned in September, 1996. He continued to receive his military pay while the approximately $50,000 cost of his schooling was borne by the Army pursuant to the SSO.² Plaintiff has completed his dissertation and is awaiting faculty approval.

Before completing his thesis, however, plaintiff decided that he wanted to leave the Army. Accordingly, plaintiff tendered his resignation from the Army on December 10, 1998, citing the hardships that extended military service had imposed on his family and particularly his wife's ability to provide their children with "a proper Jewish upbringing and Hebrew schooling[.]" Memorandum from Maj. Christopher M. Castle to CDR, PERSCOM (TAPC-PDT-PM) ¶ 4 (Dec. 10, 1998) ("Resignation Letter") (Ex. C to Pl.'s Mem.Supp.Summ.J.). Plaintiff's Resignation Letter acknowledged that he "ha[d] not fulfilled [his] active duty service obligation as specified in AR 135-100." Id. at ¶ 3. He also stated his understanding that his resignation, "if accepted, will be accepted under honorable conditions...." Id. at ¶ 5. Finally, plaintiff recognized that he might have to reimburse the Army for the costs it had incurred in sending him to Harvard. See id. at ¶ 8.

On February 22, 1999, the Army denied plaintiff's resignation request. The denial explained that plaintiff had incurred an "active duty service obligation (ADSO) through 8 September 2005 as a result of [his] participation in the [Program]" and that under "[b]asic Army policy ... officers are expected to fulfill their ADSO before becoming eligible for voluntary separation." Memorandum from Lt. Col. Billie W. Keeler, Chief, Retirements and Separations Branch, to Maj. Christopher M. Castle ¶¶ 2-3 (Feb. 22, 1999) (Ex. D to Pl.'s Mem.Supp.Summ.J.). The Army has further explained that it is severely understaffed in positions requiring officers with plaintiff's education and skills. See Decl. of Col. Douglas Hewitt, Deputy Chief, Medical Service Corps Branch, United States Army ("Hewitt Decl.") at ¶¶ 9-13 (Attach. to Def.'s Mem.Supp.Mot. to Dismiss, or in the Alternative, Summ.J.). This shortage is apparently even more acute at higher ranks, such as plaintiff's. See id.³

On March 10, 1999, the Army issued plaintiff new orders, notifying him that, after his graduation from Harvard, he was to report to Korea no later than October 13, 1999, to begin a two-year tour of duty. See RFO, Mar. 10, 1999 (Ex. 3 to Hewitt Decl.).⁴ The RFO indicated that plaintiff's family would have the option of accompanying him to Korea at the Army's expense. See id. After his arrival in Korea, plaintiff was slated to assist in the major renovations planned for the 121st Evacuation Hospital. See Hewitt Decl. at ¶ 5. Plaintiff's absence could "degrad[e] the current climate of health care in the region for all soldiers there, and ultimately affect[] the readiness of the force in that region...." Id.

On March 29, 1999, plaintiff's counsel formally requested that the Army reconsider its denial of plaintiff's unqualified resignation, arguing that the only condition that the SSO placed on plaintiff's ability to voluntarily withdraw from his ADSO was that he reimburse the United States for the costs it had incurred in sending him to Harvard. See Letter from Kathy S. Ghiladi, to Lt. Col. Billie W. Keeler (Mar. 29, 1999) (Ex. E To Pl.'s Mem.Supp. Summ.J.). On May 3, 1999, the Army advised plaintiff that its position remained unchanged, adding that, regardless of any misunderstanding about the terms of his SSO, plaintiff's acceptance of his assignment to Harvard fully ratified his commitment to serve an additional six-years in the Army. Letter from Lt. Col. Billie W. Keeler to Kathy S. Ghiladi (May 3, 1999) (Ex. F to Pl.'s Mem.Supp.Summ.J.).

Plaintiff brought this suit on July 12, 1999, seeking a declaration that the Army's denial of his resignation request was unlawful and an injunction ordering the Army to...