1. What is this lawsuit about?

Current and Former Army Reserve Component Soldiers filed a lawsuit against the United States in the United States Court of Federal Claims on behalf of themselves and other RC servicemembers who were mobilized on military orders and denied dual housing entitlements covering their primary residence location and their primary duty station (PDS). These servicemembers were not provided household goods shipment for their primary residence location and were also denied government housing on-base at their PDS. Therefore, each was financially responsible for two homes with only one housing entitlement. Soldiers were either forced to return monies paid, outright denied entitlements, and/or endured criminal investigations and disciplinary action.

This lawsuit is about whether the Army unlawfully denied financial entitlements to mobilized service members under statute and the Joint Travel Regulation/Financial Management Regulation (JTR/FMR), harmed these Soldiers through their gross negligence, and owe each impacted servicemember relief. The Court has not yet made a decision on this issue, however the Army Board for Correction of Military Records has determined the plaintiffs of Wolfing et al., have met the burden of proof and ordered the Army to return all monies, provide payment of denied entitlements, and correct military records and adverse flags related to criminal investigations.

2. What relief are the RC servicemembers who filed this lawsuit asking for?

The servicemembers who filed this lawsuit seek a Court Order requiring the Army:

• Award Plaintiffs back pay for the proper BAH entitlements they are owed— an amount which would be formulaic in nature and to be determined at trial;

• Award Plaintiffs interest, costs, and attorneys' fees pursuant to the Equal Access to Justice Act or through any other legally applicable means;

• Award the named Plaintiffs an incentive payment to compensate them for their efforts and participation in this class action;

• Order all affected personnel records to be corrected to entirely expunge the Army's actions in violation of the applicable regulations and statutes, to include any adverse paperwork and “titling” within the DCII (see 28 U.S.C. § 1491(a)(2));

• Enjoin the Army's unlawful, arbitrary, and capricious practice of denying these entitlements owed to eligible RC members pursuant to the applicable regulations and statute; and

• Grant such other relief as the Court deems just and proper. 

3. What is a class action and who is involved?

In a class action lawsuit, one or more people called a “Class Representative” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class members”.  The people who sued – and all the Class Members who join the lawsuit – are called “plaintiffs.” The United States, in this case, is called a defendant.