Theresa M. Zaputil, an Individual v. Claiborne W. Cowgill Naj S. Negendram John Iffland Frances Connant Jean Halsell, Individuals

We hold today that the Feres doctrine bars a military reservist, who had- been discharged from the National Guard- but not from the Reserve, from bringing an action for damages against the military personnel who allegedly wrongly revoked her National Guard discharge and ordered her back to duty.

I. Background

Appellant Theresa Zaputil, was a member of the United States Air Force or a member of an air national guard or reserve squadron since 1986. In 1998, she requested a transfer from the 141st Medical Squadron of the Washington National Guard to the 146th Medical Squadron of the California Air National Guard (CANG). Zaputil was transferred later that year and offered a commission in January of 1999.

Zaputil filed a Request for Conditional Release and a Request for Discharge in March of 2000. A “National Guard Bureau Report of Separation and Record of Service” was issued for Zaputil on October 30, 2000. On November 20, 2000, by the order of the governor of California, Zaputil was honorably discharged from the CANG and transferred to the United States Air Force Reserve and assigned to HQ ARPC.

Twelve days later, on December 2, 2000, Zaputil was notified that her…