Recovering back-pay and allowances are complex and burdensome. This Article focuses on the particular problems facing the serviceman in post-discharge cases by discussing O'Callahan v. United States. O'Callahan secured a reversal in his conviction; he brought suit for back-pay and allowances, but was denied because the statute of limitations had run a situation that was not unique. Often, claims by servicemen are rejected on grounds of laches, and definite versus indefinite expiration. These factors make it increasingly difficult for servicemen to prevail on back-pay and allowances claims. Because of the hurdles servicemen face, the author concludes that, unless he can overcome these factors, his claim for back-pay and allowances will invariably be rejected.
Jeffrey A. Hahn,
Back-Pay Issues in the Military: O'Callahan v. United States,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol10/iss1/11