Ltc. John F. Mitchell v. The United States, 930 F.2d 893 (Fed. Cir. 1991). · Go Syfert
Ltc. John F. Mitchell v. The United States, 930 F.2d 893 (Fed. Cir. 1991). Cases Citing This Book View Copy Cite
“most important, the question posed by apa section 704 is whether the claims court offers adequate remedies, not whether mitchell will be entitled to receive those remedies.”
145 citation events (77 in the last 25 years) across 19 distinct courts.
Strongest positive: McCarthy v. Del Toro (flmd, 2023-03-01) · Strongest negative: Ward v. Brown (ca2, 1994-05-02)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Ward v. Brown
2d Cir. · 1994 · signal: but see · confidence high
But see Mitchell v. United States, 930 F.2d 893 , 896 n. 3, 897 (Fed.Cir.1991) (Service member's suit for back pay falls within claims court's Tucker Act jurisdiction and does not lie in district court). 21 We think Ward's claim for back pay falls within the terms of the Back Pay Act.
discussed Cited "but see" Ward v. Brown
2d Cir. · 1994 · signal: but see · confidence high
But see Mitchell v. United States, 930 F.2d 893 , 896 n. 3, 897 (Fed.Cir.1991) (Service member’s suit for back pay falls within claims court’s Tucker Act jurisdiction and does not lie in district court).
discussed Cited as authority (verbatim quote) McCarthy v. Del Toro (2×) also: Cited as authority (rule)
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
most important, the question posed by apa section 704 is whether the claims court offers adequate remedies, not whether mitchell will be entitled to receive those remedies.
discussed Cited as authority (verbatim quote) Nieves v. McHugh (2×) also: Cited as authority (rule)
E.D.N.C. · 2015 · quote attribution · 1 verbatim quote · confidence high
mitchell's claims include a request for back pay, which the supreme court places within the claim court's tucker act jurisdiction.
examined Cited as authority (verbatim quote) Hoffman v. United States (3×) also: Cited "see, e.g."
Fed. Cl. · 2003 · quote attribution · 1 verbatim quote · confidence high
indeed the experience of the court of claims in military pay eases extends back to the nineteenth century origins of the court.
discussed Cited as authority (verbatim quote) Town of Sanford v. United States
1st Cir. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
he question posed by apa section 704 is whether adequate remedies, not whether will be entitled to receive those remedies.
cited Cited as authority (rule) Runnels v. Federal Bureau of Investigation
D.D.C. · 2025 · confidence medium
In Bowen v. Massachusetts, 487 U.S. 879 (1988), the Supreme Court “listed the Back Pay Act . . . as clearly within the purview of the Tucker Act.” Mitchell v. United States, 930 F.2d 893, 896 (Fed.
cited Cited as authority (rule) Chipimarquez v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 2023) (“Service members who are dissatisfied with the decision of the BCNR may seek judicial review.” (citing Mitchell v. United States, 930 F.2d 893, 896 (Fed.
cited Cited as authority (rule) Doyon v. United States
Fed. Cir. · 2023 · confidence medium
Standard of Review Service members who are dissatisfied with the decision of the BCNR may seek judicial review, Mitchell v. United States, 930 F.2d 893, 896 (Fed.
cited Cited as authority (rule) Woods v. United States
Fed. Cl. · 2021 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (Fed.
cited Cited as authority (rule) Woods v. United States
Fed. Cl. · 2021 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (Fed.
discussed Cited as authority (rule) Barber v. Attorney General of the United States
D. Maryland · 2019 · confidence medium
Cir. 2003) (“The fact that the complaint was untimely filed in the Court of Federal Claims does not mean that court could not offer a full and adequate remedy; it merely means that Mr. Martinez did not file his complaint in time to take advantage of that remedy.”); Mitchell v. United States, 930 F.2d 893, 897 (Fed.
cited Cited as authority (rule) Johnson v. Department of Agriculture
8th Cir. · 2016 · signal: cf. · confidence medium
Cf. Mitchell v. United States, 930 F.2d 893, 897 (Fed.
cited Cited as authority (rule) Fuller v. United States
Fed. Cl. · 2016 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir. 1991.); see also 10 U.S.C. § 1552 (c) (2015).
discussed Cited as authority (rule) Hoffler v. Hagel (2×) also: Cited "see"
E.D.N.C. · 2015 · confidence medium
For example, “the Claims Court may, in appropriate military back pay cases, ‘provide an entire remedy,’ including ‘restoration to office or position, placement in appropriate duty or retirement status,- and correction of applicable records.’ ” Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991) (quoting 28 U.S.C. § 1491 (a)(2)).
examined Cited as authority (rule) Straughter v. United States (3×) also: Cited "see"
Fed. Cl. · 2015 · confidence medium
In this instance, although the court would ordinarily have authority to adjudicate Mr. Slaughter’s claims, see Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991) (noting that this court has “extensive experience reviewing decisions of correction[ ] boards in military pay cases”), it must consider the effect of the applicable statute of limitations. ■ Under 28 U.S.C. § 2501 , claims under the Tucker Act are subject to a six-year statute of limitations, and that limitation serves as a condition of the government’s waiver of sovereign immunity and constitutes a jurisdictional …
discussed Cited as authority (rule) Lanier-Finn v. Department of the Army
D. Maryland · 2013 · confidence medium
Claims for Retirement Benefits or Back Pay under the Tucker Act “The Tucker Act provides the exclusive basis of jurisdiction over non-tort monetary claims against the United States.” Huff, 508 F.Supp.2d at 463 (quoting Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991)).
discussed Cited as authority (rule) Robert E. Pearl v. United States
Fed. Cl. · 2013 · confidence medium
Cl. 818, 823 (2002); cf. Smith v. Secretary of Army, 384 F.3d 1288, 1293 (Fed.Cir.2004) (noting that “the Court of Federal Claims can offer a service member ... an adequate remedy for a claim relating to military status ... if the ... claim constitutes a request for money (together with a request for ancillary equitable relief) and if the request is based on a money-mandating statute”); Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991) (permitting equitable relief necessary to complete the remedy).
examined Cited as authority (rule) Remmie v. United States (3×) also: Cited "see"
Fed. Cl. · 2011 · confidence medium
Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991).
discussed Cited as authority (rule) Hanson v. Wyatt
10th Cir. · 2008 · confidence medium
See, e.g., Doe v. United States, 132 F.3d 1430, 1433-1434 (C.A.Fed.1997) (suit for backpay and correction of military records following administrative discharge); Mitchell v. United States, 930 F.2d 893, 896-897 (C.A.Fed.1991) (suit for backpay, reinstatement, and correction of records).
discussed Cited as authority (rule) Hanson v. Wyatt
10th Cir. · 2008 · confidence medium
See, e.g., Doe v. United States, 132 F.3d 1430, 1433-1434 (C.A.Fed.1997) (suit for backpay and correction of military records following administrative discharge); Mitchell v. United States, 930 F.2d 893, 896-897 (C.A.Fed.1991) (suit for backpay, reinstatement, and correction of records).
examined Cited as authority (rule) Huff v. United States Department of Army (4×) also: Cited "see", Cited "see, e.g."
D. Maryland · 2007 · confidence medium
“The Claims Court has, in fact, ordered back pay, restoration to military office, placement in correct retirement status, and correction of military records.” Mitchell, 930 F.2d at 896 (internal citations omitted).
discussed Cited as authority (rule) Nebraska Public Power District v. United States
Fed. Cl. · 2006 · confidence medium
See also Telecare Corp., 409 F.3d at 1349 ("the APA waives sovereign immunity only if there is no other adequate remedy.’ ”); Wash. Legal Found. v. Alexander 984 F.2d 483, 486 (D.C.Cir.1993) (claim "must fail, because a suit under section 702 is available only where 'there is no other adequate remedy in a court' ”); Beamon v. Brown, 125 F.3d 965, 967 (6th Cir.1997) ("Thus, the APA does not express the U.S. government's consent to suit if an alternative adequate remedy is available to review a final agency action.”); Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991) ("Moreover…
discussed Cited as authority (rule) Robert G. Smith v. Secretary of the Army, and Army Board for Correction of Military Records
Fed. Cir. · 2004 · confidence medium
The APA’s waiver of sovereign immunity is limited, however, by section 10(c) of the APA, 5 U.S.C. § 704 , which provides that judicial review is available only in the case of “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court.” See Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991).
examined Cited as authority (rule) Gabriel J. Martinez v. United States (4×) also: Cited "see"
Fed. Cir. · 2003 · confidence medium
Edison Co. v. United States, 247 F.3d 1378, 1383 (Fed.Cir.2001); Kanemoto v. Reno, 41 F.3d 641, 644 (Fed.Cir.1994); Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
cited Cited as authority (rule) John Demontiney, D/B/A Earthwalker Engineering, Plaintiff-Appellant v. United States
9th Cir. · 2001 · confidence medium
Congress enacted §§ 1292(d)(4) "to facilitate expeditious review of intricate questions about Tucker Act jurisdiction." Mitchell v. United States, 930 F.2d 893, 895 (Fed.
cited Cited as authority (rule) Demontiney v. United States ex rel. Department of Interior
9th Cir. · 2001 · confidence medium
Congress enacted § 1292(D)(4) “to facilitate expeditious review of intricate questions about tucker act jurisdiction.” Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991).
discussed Cited as authority (rule) Consolidated Edison Co. of New York, Inc. v. United States
Fed. Cir. · 2001 · confidence medium
In effect, § 704 withdraws the limited waiver of immunity under § 702 if an adequate judicial remedy is already available elsewhere. 5 U.S.C. § 704 ; see also Kanemo-to, 41 F.3d at 644 (“[Wjhere agency action is otherwise reviewable in court and an adequate remedy is available in connection with that review, the APA’s waiver of sovereign immunity under section 702 is not available.”); Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.Cir.1991).
discussed Cited as authority (rule) Consolidated Edison v. U.S. Dept., Energy
Fed. Cir. · 2001 · confidence medium
In effect, § 704 withdraws the limited waiver of immunity under § 702 if an adequate judicial remedy is already available elsewhere. 5 U.S.C. § 704 ; see also Kanemoto, 41 F.3d at 644 ("[W]here agency action is otherwise reviewable in court and an adequate remedy is available in connection with that review, the APA's waiver of sovereign immunity under section 702 is not available."); Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.
cited Cited as authority (rule) Consolidated Edison v. U.S., Dept., Energy
Fed. Cir. · 2000 · confidence medium
Cir. 1994); Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.
cited Cited as authority (rule) Consolidated Edison Co. of New York, Inc. v. United States, Department of Energy
Fed. Cir. · 2000 · confidence medium
See Kanemoto v. Reno, 41 F.3d 641, 644 (Fed.Cir.1994); Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.Cir.1991).
discussed Cited as authority (rule) Clinton v. Goldsmith
SCOTUS · 1999 · confidence medium
In the instances in which a claim for monetary relief may be framed, a servicemember may enter the Court of Federal Claims with a challenge to dropping from the rolls (or other discharge) under the Tucker Act, 28 U. S. C. § 1491 . 13 See, e. g., Doe v. United States, 132 F. 3d 1430, 1433-1434 (CA Fed. 1997) (suit for backpay and correction of military records following administrative discharge); Mitchell v. United States, 930 F. 2d 893, 896-897 (CA Fed. 1991) (suit for back- *540 pay, reinstatement, and correction of records).
examined Cited as authority (rule) Augustin S. James v. Louis Caldera, Secretary of the Army and Philip J. Schrock (10×) also: Cited "see"
Fed. Cir. · 1999 · confidence medium
Treating his references to the bar to reenlistment as constituting a separate, equitable action ignores the context of the complaint and the realities of the situation. 70 The majority's decision to permit James to attempt to seek relief in federal district court under the APA also ignores the Court of Federal Claims's "extensive experience reviewing decisions of corrections boards in military pay cases." Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
discussed Cited as authority (rule) Joseph T. Ponder and Judy Ponder v. United States (2×) also: Cited "see"
Fed. Cir. · 1997 · confidence medium
The district court chose the latter, reasoning that the Ponders’ claim was essentially one for military back pay, which can only be brought in the Court of Federal Claims under the Tucker Act, 28 U.S.C. § 1491 (1994), citing Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
cited Cited as authority (rule) Hernandez v. United States
Fed. Cl. · 1997 · confidence medium
The waiver applies “only for claims seeking ‘relief other than money damages.’ ” Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991) (quoting 5 U.S.C. § 702 (1970)).
discussed Cited as authority (rule) Randall v. United States
4th Cir. · 1996 · confidence medium
The Court of Federal Claims and the Court of Appeals for the Federal Circuit have "extensive experience reviewing decisions of corrections boards in military pay cases." Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
discussed Cited as authority (rule) Randall v. United States
4th Cir. · 1996 · confidence medium
The Court of Federal Claims and the Court of Appeals for the Federal Circuit have “extensive experience reviewing decisions of corrections boards in military pay cases.” Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
cited Cited as authority (rule) Hodges v. United States
Fed. Cl. · 1996 · confidence medium
The Claims Court has, in fact, ordered ... placement in correct retirement status.... 930 F.2d 893, 896 (1991) (en banc) (citing Casey v. United States, 8 Cl.Ct. 234 (1985)).
discussed Cited as authority (rule) Kanemoto v. Reno (2×) also: Cited "see"
Fed. Cir. · 1994 · confidence medium
Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.Cir.1991).
discussed Cited as authority (rule) Kanemoto v. Reno (2×) also: Cited "see"
Fed. Cir. · 1994 · confidence medium
Mitchell v. United States, 930 F.2d 893, 895-96 (Fed.Cir.1991).
cited Cited as authority (rule) Robbins v. United States
Fed. Cl. · 1993 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (1991) (en banc).
discussed Cited as authority (rule) John F. Mitchell v. United States
Fed. Cir. · 1993 · confidence medium
A procedural skirmish between the parties ensued, the details and results of which are reported in Mitchell v. United States, 930 F.2d 893, 894 (Fed.Cir.1991) and in the opinion of Judge Weinstein entered with the order now on appeal dismissing the second complaint Mitchell filed in the Claims Court.
discussed Cited as authority (rule) Mitchell v. United States
Ct. Cl. · 1992 · confidence medium
The Federal Circuit reversed the District Court, holding that plaintiff’s case is the type for which adequate relief can be obtained in the Claims Court under 28 U.S.C. § 1491 (a)(2), and thus that the action was barred from being heard by the District Court by virtue of § 704 of the APA, 1 Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991), and directing the transfer of the case to this court.
discussed Cited as authority (rule) Aube v. United States
Ct. Cl. · 1992 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991). ‘The fact that this court has jurisdiction to review actions of military correction boards is not disputable.’ Armstrong v. United States, 205 Ct.Cl. 754, 761 (1974) (citing Herzog v. United States, 167 Ct.Cl. 377, 383-84 (1964)). 23 Cl.Ct. at 612.
cited Cited as authority (rule) Dehne v. United States
Ct. Cl. · 1991 · confidence medium
Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991).
examined Cited as authority (rule) Yount v. United States (7×) also: Cited "see, e.g."
Ct. Cl. · 1991 · confidence medium
Although the Tucker Act provides federal employees with no substantive right to back pay, the Back Pay Act authorizes back pay claims against the United States by federal employees who have been victims of unjustified personnel action. 5 U.S.C. § 5596 ; United States v. Testan, 424 U.S. 392, 398 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976); Mitchell v. United States, 930 F.2d 893, 896 (Fed.Cir.1991); Wright v. United States, 19 Cl.Ct. 779, 783 (1990).
discussed Cited "see" REUNION, INC. v. Federal Aviation Administration
S.D. Miss. · 2010 · signal: see · confidence high
See Mitchell v. United States, 930 F.2d 893, 897 (Fed.Cir.1991) ("Regardless of whether Mitchell's case is a disguised claim for money, 5 U.S.C. § 704 deprives the district court of jurisdiction.”). 11 .
discussed Cited "see" Crane v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 1998 · signal: see · confidence high
See Mitchell, 930 F.2d at 895-896 .
discussed Cited "see" Town of Sanford v. United States
1st Cir. · 1998 · signal: see · confidence high
See Mitchell v. United States, 930 F.2d 893, 897 (Fed.Cir.1991) (“[T]he question posed by APA Section 704 is whether [there are] adequate remedies, not whether [a particular plaintiff] will be entitled to receive those remedies.”); Sable Communications of Cal., Inc. v. FCC, 827 F.2d 640, 642 (9th Cir.1987) (similar).
discussed Cited "see" Banner v. United States
Fed. Cl. · 1997 · signal: see · confidence high
In general, this risk is low in the Court of Federal Claims because, under the “Little Tucker Act”, the court has exclusive jurisdiction over takings cases claiming more than $10,000. 28 U.S.C. § 1346 (a)(2) (1994); see Mitchell v. United States, 930 F.2d 893 , 894 n. 2 (Fed.
Retrieving the full opinion text from the archive…
Ltc. John F. MITCHELL, Plaintiff-Appellee,
v.
the UNITED STATES, Defendant-Appellant
90-1408.
Court of Appeals for the Federal Circuit.
Apr 11, 1991.
930 F.2d 893
Alan B. Sternstein, Shulman, Rogers, Gandal, Pordy & Ecker, Rockville, Md., argued, for plaintiff-appellee. With him on the brief, was John W. Toothman., Jennifer H. Zacks, Dept, of Justice, Washington, D.C., argued, for defendant-appellant. With her on the brief, were Stuart M. Gerson, Asst. Atty. Gen., Henry E. Hudson, U.S. Atty., Barbara C. Biddle and Mary K. Doyle, attorneys, Dept, of Justice.
Clevenger, Cowen, Rader.
Cited by 71 opinions  |  Published
RADER, Circuit Judge.

The United States appeals an order of the United States District Court for the Eastern District of Virginia. Lt. Colonel John F. Mitchell (Mitchell) challenged his separation from the Air Force Reserve in district court. The Air Force moved to dismiss or, in the alternative, to transfer the action to the United States Claims Court. The district court denied the motion. This court vacates and remands the district court’s April 13, 1990 order.

BACKGROUND

Mitchell entered the Air Force on August 15, 1954. Section 8848 of Title 10, United States Code, requires transfer or discharge of certain reserve officers after 28 years of commissioned service. Pursuant to Section 8848, the Air Force discharged Mitchell on November 29, 1982.

Before his discharge, Mitchell — who claimed eighteen years on active duty— asked to remain on active duty another two years. With this extension, he could have qualified for retirement with twenty years of service under 10 U.S.C. § 8911 (1956). The Air Force denied Mitchell’s request for extended service.

After his discharge, Mitchell petitioned the Air Force Board for the Correction of Military Records (Board) to correct his records to show eligibility for full retirement under 10 U.S.C. § 8911. In 1985, the Board denied this petition. On August 13, 1987, Mitchell requested the Board to reconsider its decision in light of Ulmet v. United States, 822 F.2d 1079 (Fed.Cir.1987) (Ulmet I). In Ulmet I, this court determined that active duty for training as a reservist could count toward accrual of the eighteen-year sanctuary under 10 U.S.C. § 1163(d) (1988). [1] Section 1163 prohibits involuntary discharges within two years of Section 8911’s twenty-year retirement threshold. After considering Ulmet I, the Board again denied Mitchell’s request on November 13, 1988.

On March 2, 1989, Mitchell filed suit in the Claims Court. His suit sought active duty credit toward retirement, active duty back pay, reinstatement to active duty until properly retired, attorney fees, and any further just relief. The Air Force moved to dismiss because Mitchell had not filed within six years of his 1982 discharge. 28 U.S.C. § 2501 (1988). Mitchell responded with a motion for voluntary dismissal. Over the Air Force’s objection, the Claims Court granted a dismissal without prejudice.

Mitchell then filed a new complaint in district court (E.D.Va.) under the Administrative Procedure Act (APA), 28 U.S.C. § 1331, and 28 U.S.C. § 1491. [2] This complaint was virtually identical to the Claims Court complaint. The only difference was that Mitchell added an allegation that the Air Force intentionally delayed the Board's rejection beyond the six-year statute of limitations. The Air Force moved to dismiss or, in the alternative, to transfer the case to the Claims Court under 28 U.S.C. § 1631 (1988). On April 13, 1990, the district court held a hearing on the motion. At the end of the hearing, the court denied the motion. The Air Force sought an interlocutory appeal under 28 U.S.C. § 1292(d)(4)(A) (1988). Proceedings below await the outcome of this appeal.

[*895] DISCUSSION

Appellate Jurisdiction

Congress enacted 28 U.S.C. § 1292(d)(4)(A) in 1988 to facilitate expeditious review of intricate questions about Tucker Act jurisdiction. Section 1292 (d)(4)(A) provides:

The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of an appeal from an interlocutory order of a district court ... granting or denying, in whole or in part, a motion to transfer an action to the United States Claims Court under section 1631 of this title.

Under complex jurisdictional rules, monetary claims against the United States can arise in either the Claims Court or a district court. On occasion, this overlapping authority raises thorny jurisdictional problems.

Before enactment of Section 1292(d)(4)(A), a party could not immediately appeal a district court’s ruling on a jurisdictional dispute. Instead a party who believed it was in the wrong court had to wait until conclusion of its current litigation before contesting jurisdiction. Congress created a right of interlocutory appeal “[i]n the interests of resolving jurisdictional questions at the outset of litigation, and thereby avoiding wasteful and duplicative litigation on the merits in the wrong trial court_” H.R.Rep. No. 100-889, 100th Cong., 2d Sess. 52, reprinted in 1988 U.S. Code Cong. & Admin.News 5982, 6012. This new subsection expedites resolution of complex Tucker Act disputes. Under 28 U.S.C. § 1292(d)(4)(B), the district court shall suspend proceedings until this court’s decision on the jurisdictional appeal.

District Court Review

Mitchell challenged the Board’s action in the district court under the APA. Section 702 of the APA gives individuals access to district court to challenge agency action. 5 U.S.C. § 702 (1970). Section 702, however, waives the Government’s sovereign immunity only for claims seeking “relief other than money damages.” Id. Moreover Section 704 of the APA limits Section 702’s waiver of sovereign immunity to claims “for which there is no other adequate remedy in a court.” 5 U.S.C. § 704 (1970).

The Supreme Court highlighted these two sections of the APA when setting the limits of district court jurisdiction over challenges to agency action. Bowen v. Massachusetts, 487 U.S. 879, 108 S.Ct. 2722, 101 L.Ed.2d 749 (1988). In Bowen, the Supreme Court determined that a district court may entertain a challenge to agency action under the APA. Id. at 911, 108 S.Ct. at 2741. The Secretary of Health and Human Services (Secretary) had decided to deny a state reimbursement for more than $6 million in Medicaid expenses. Massachusetts filed suit in district court under 28 U.S.C. § 1331 (1988). The State’s complaint sought injunctive and declaratory relief from the Secretary’s decision. Massachusetts further claimed that the Government had waived its sovereign immunity under 5 U.S.C. § 702. The Supreme Court permitted this case to remain in district court only after conducting an inquiry to ensure satisfaction of both APA requirements.

First, the Supreme Court cheeked whether the Bowen case presented a claim for specific relief, rather than monetary damages. The Supreme Court opined that the State of Massachusetts, though seeking monetary relief, did not seek monetary damages. Bowen, 487 U.S. at 895-900, 108 S.Ct. at 2732-35. Specifically, the State sought injunctive and declaratory relief, not money damages. In response, the district court enjoined the Secretary’s disal-lowance without ordering the payment of money. Massachusetts v. Heckler, 616 F.Supp. 687 (Mass.1985). The Supreme Court determined that Section 702’s “other than money damages” bar was not an obstacle to district court adjudication.

Next, the Supreme Court examined whether any other court offered adequate remedies for resolution of the Bowen case. The Court found that the Claims Court lacked “the general equitable powers” likely to be necessary “in light of the rather complex ongoing relationship between the[*896] parties.” Bowen, 487 U.S. at 905, 108 S.Ct. at 2738. The Court further noted that the Claims Court has no special expertise in “complex questions of federal-state interaction.” Id. at 908, 108 S.Ct. at 2739. Therefore, Section 704’s “other adequate remedy in any court” bar was not an obstacle to district court adjudication.

The Bowen tests for an APA waiver of sovereign immunity govern this case. After applying the Bowen tests, this court determines that APA’s Section 704 bars Mitchell’s district court suit. Mitchell's case is specifically the kind of claim for which the Claims Court can provide “special and adequate review procedures.” Id. at 900-01 n. 31; 903-05 & n. 39, 108 S.Ct. at 2735 n. 31; 2736-38 & n. 39. Regardless of whether Mitchell can characterize his claim as seeking specific relief, it is nonetheless barred from district court by APA’s Section 704.

Mitchell’s complaint requests back pay, reinstatement, and correction of records. By statute, the Claims Court may, in appropriate military back pay cases, “provide an entire remedy,” including “restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records.” 28 U.S.C. § 1491(a)(2). The Claims Court has, in fact, ordered back pay, (Skinner v. United States, 594 F.2d 824, 219 Ct.Cl. 322 (1979); Sanders v. United States, 594 F.2d 804, 219 Ct.Cl. 285 (1979); Burd v. United States, 19 Cl.Ct. 515 (1990); Casey v. United States, 8 Cl.Ct. 234 (1985)), restoration to military office, (Skinner; Sanders; Yee v. United States, 512 F.2d 1383, 206 Ct.Cl. 388 (1975); Murphy v. United States, 16 Cl.Ct. 385 (1989)), placement in correct retirement status, (Gant v. United States, 18 Cl.Ct. 442 (1989); Casey) and correction of military records, (Skinner; Sanders; Yee; Burd; Gant; Murphy; Casey). In sum, the Claims Court has explicit statutory authority, which it has exercised, to provide all relief Mitchell requests.

Moreover, the Claims Court has extensive experience reviewing decisions of corrections boards in military pay cases. See, e.g., Voge v. U.S., 844 F.2d 776 (Fed.Cir.), cert. denied, 488 U.S. 941, 109 S.Ct. 365, 102 L.Ed.2d 355 (1988). The Court of Claims, predecessor to the Claims Court’s trial jurisdiction, noted:

[W]e have reviewed these board actions with great frequency since 1951 when the present correction board statute became law, explicitly authorizing the payment of claims consequent upon the correction of military records.

Sanders, 594 F.2d at 811 (citation omitted). Indeed the experience of the Court of Claims in military pay cases extends back to the nineteenth century origins of the court. See, e.g., Straughan v. United States, 1 Ct.Cl. 324 (Oct. term, 1865); Conrad v. United States, 32 Ct.Cl. 139 (1897); Walsh v. United States, 43 Ct.Cl. 225 (1908).

In Bowen, the Supreme Court itself distinguished the Claims Court’s jurisdiction over back pay cases from jurisdiction over the Medicaid disallowance case. The Court did not think it “altogether clear that the Claims Court would have jurisdiction under the Tucker Act ... to review a disallowance claim.” Bowen, 487 U.S. at 905-06 n. 42, 108 S.Ct. at 2738 n. 42. On the other hand, the Court listed the Back Pay Act, 5 U.S.C. § 5596(b) (1976 & Supp.1990), as clearly within the purview of the Tucker Act. Id. 3

To reinforce the sufficiency of Claims Court jurisdiction to handle pay cases, the Court stated:

[Sjuits under the Tucker Act in the Claims Court offer precisely the sort of “special and adequate review procedures” that § 704 requires to direct litigation away from the district courts.

Bowen, 487 U.S. at 900-01 n. 31, 108 S.Ct. at 2735 n. 31. Thus, the Court first clarifies that back pay cases fall under the Tucker Act. Then the Court suggests that Tucker Act jurisdiction in the Claims Court[*897] suffices to invoke the Section 704 limit on the APA waiver of sovereign immunity. See also, Bowen at 904-05 n. 39, 108 S.Ct. at 2737 n. 39. Mitchell’s claims include a request for back pay, which the Supreme Court places within the Claims Court’s Tucker Act jurisdiction.

Thus, whether Mitchell characterizes his complaint as a claim for “money damages” or “specific relief,” his type of case has traditionally invoked Claims Court jurisdiction. Moreover the Claims Court can provide Mitchell a complete remedy. In other words, the Claims Court supplies Mitchell “adequate review procedures.” Id. Therefore, APA Section 704 directs the district court case to the Claims Court. In Mitchell’s case, there is an adequate remedy in another court.

Mitchell insists that Ulmet v. United States, 888 F.2d 1028 (4th Cir.1989) (Ulmet II) demands a different conclusion. To the contrary, Ulmet II did not address the applicability of Section 704 to military pay cases within Claims Court jurisdiction. Moreover, the United States Court of Appeals for the Fourth Circuit deferred to Claims Court jurisdiction over the military pay case in Ulmet II. Id. at 1031. Ulmet II arose in response to litigation initiated in this court by Lt. Colonel Donovan Ulmet. Ulmet I. In Ulmet I, this court had decided that active duty for training time could count to bring military personnel within the Section 1163(d) eighteen-year sanctuary. Id. 4 Lt. Colonel Ulmet then asked a district court to enforce this court’s order. The district court decided that it had jurisdiction, but dismissed Ulmet’s complaint on the basis of comity with the Claims Court. The Fourth Circuit affirmed.

While agreeing that the district court had jurisdiction, the Fourth Circuit did not address application of 5 U.S.C. § 704. Nonetheless the Fourth Circuit acknowledged the basic principle underlying Section 704. In affirming the dismissal of Ulmet’s complaint, the Fourth Circuit noted:

[T]he Claims Court is empowered by 28 U.S.C. 1491(a)(2) to grant full relief. Section 1491(a)(2) states that the Claims Court may “provide an entire remedy and ... complete the relief afforded by the judgment....”

Id. at 1031. Thus, Ulmet II supports this court’s conclusion that the Claims Court has the power to provide Mitchell a complete remedy. Based on this principle, Section 704 of the APA operates to deprive the district court of jurisdiction.

Mitchell argues that the Claims Court lacks the power to grant an adequate remedy because the Air Force has challenged Mitchell’s claim in that court as time-barred. In the first place, the Claims Court has yet to determine whether the statute of limitations applies to Mitchell’s claim. This court will not speculate whether Mitchell is eligible for the adequate remedies available in the Claims Court. Most important, the question posed by APA Section 704 is whether the Claims Court offers adequate remedies, not whether Mitchell will be entitled to receive those remedies. The Claims Court offers a full and adequate remedy even if Mitchell does not qualify to receive that remedy. The Claims Court can provide all the relief Mitchell’s complaint requests. This finding triggers operation of Section 704.

CONCLUSION

Regardless of whether Mitchell’s case is a disguised claim for money, 5 U.S.C. § 704 deprives the district court of jurisdiction. The Claims Court can provide “adequate review” sufficient to invoke Section 704’s bar on operation of the APA’s waiver of sovereign immunity. Therefore, this court vacates the district court’s order and remands with instructions to grant the motion to transfer the ease to the Claims Court.

COSTS

Costs are awarded to defendant/appellant.

VACATED AND REMANDED.

1

. This court expressly overruled Ulmet I in Wilson v. United States, 917 F.2d 529, 536 (Fed.Cir.1990). Wilson held that "the phrase ‘on active duty' in 10 U.S.C. § 1163(d) does not include active duty for training.” Id.

2

. Section 1491, the Tucker Act, confers jurisdiction on the United States Claims Court for certain claims against the United States. Mitchell apparently meant to invoke 28 U.S.C. § 1346(a)(2), the Little Tucker Act, which confers jurisdiction on district courts for claims of less than $10,000.00. If permitted, Mitchell intends to amend his complaint to correct this mistake, alternatively claiming recovery under the Little Tucker Act. Presumably Mitchell would also waive recovery of any monies in excess of $10,000.00 to fit within the Little Tucker Act. Because Mitchell has not yet waived recovery of monies in excess of $10,000.00, his complaint now invokes Claims Court jurisdiction.

3

. The Back Pay Act is not itself a jurisdictional statute. It is merely derivative in application, depending on a prior finding of appropriate jurisdiction in the Claims Court. United States v. Connolly, 716 F.2d 882, 887 (Fed.Cir.1983); Shelleman v. United States, 9 Cl.Ct. 452 (1986).

4

. See footnote 1, supra.