Thomas L. Engler, Plaintiff-Appellant,
Adjutant General of Ohio, Defendant-Appellee.
from the Court of Claims of Ohio No. 2017-00610
brief: Vesper C. Williams, II, for appellant. Argued: Vesper
C. Williams, II.
brief: Michael DeWine, Attorney General, Peter E. DeMarco,
and Timothy M. Miller, for appellee. Argued: Timothy M.
1} Plaintiff-appellant, Thomas L. Engler, appeals
from a judgment of the Court of Claims of Ohio dismissing his
complaint against defendant-appellee, Adjutant General of
Ohio ("Adjutant General"). For the following
reasons, we affirm.
Facts and Procedural History
2} In July 2017, Engler filed suit against the
Adjutant General alleging claims for breach of contract and
violation of 10 U.S.C. 1176. These claims arose from the
cessation of Engler's military service with the Ohio Army
National Guard. Engler's complaint alleges that he was
wrongfully separated from military service in 2004, and that,
as a result, he is not eligible for military retirement
benefits. The complaint alleges that Engler has 18 years, 7
months, and 23 days of military service, but that he needs 20
years of military service to be eligible for military
retirement benefits. Thus, Engler contends that the wrongful
termination of his military service before he obtained 20
years of service precludes his eligibility for military
retirement benefits. In August 2017, the Adjutant General
moved to dismiss the action. In October 2017, the Court of
Claims dismissed Engler's complaint based on its finding
that his claims are barred by the applicable statute of
3} Engler timely appeals.
Assignment of Error
4} Engler assigns the following error for our
Appellant states that the Court of Claims abused its
discretion by applying the statute of limitations set out in
R.C. 2743 which states in part "…civil actions
against the state…shall be commenced no later than two
years after the date of accrual of the cause of
action…" for breach of his enlistment contract
AND violation of 10 U.S.C. 1176 regarding his discharge and
his service credits to make him eligible for his retirement
all stated in the ENTRY OF DISMISSAL appealed in the
second and fourth paragraphs on page numbered -2-.
5} In his sole assignment of error, Engler alleges
the Court of Claims erred in dismissing his claims based on
its finding that they are time-barred pursuant to the