of this case well the actual discharge discharge proceedings i have never seen and the two hundred and fourteen that the document the says hey look you are out of the military now it says misconduct based on drug abuse that's what it cocaine discovery the your analysis that was fabricated he did not know that he did not know that it was fabricated and he learned that when the b c n are pronounced their decision in  knew whether he used cocaine or not so if he thought he was being removed for cocaine use and he knew he didn't use it then he knew at the time he didn't help the week to find out that the test was fabricated fashion but rather looking overall at how this happens and whether the nd cocaine i'm sorry not the cocaine use but the fake cocaine results was a pretext to him being kicked out of the military and so because he did not know of that potential pretext then that changes the dynamics of this and that's why he should get the benefits  of relating back to when the b c in our came out and said hey look this is this was this is what happens and that's why he should get the benefit of that across suspension upgraded his record which is what they were which is what they would do what else necessarily implied by their decision that they didn't do so the  of the the limitations that were set for in the running clock that that is that is that is present at the court federal claim i mean that seems like the proper use of the  process that mr jones would have followed have we stayed in the court of federal claims i had the opportunity to state the case there and then try to do further for the at stake he's that's not within the that you can go to the war you sure are mr jones his preference would be for the courts to to reverse it find the jurisdiction and then i'll allow that process to play out because of this newly discovered misconduct words the pretext that he was removed or cocaine usage that he knew he didn't do yes urine but he knew when he was removed whether he did cocaine or yes or no and i think that what it comes down to is what is what is the basis of that this charge so if the basis of that this charge was just purely the marijuana use then then obviously there's no reason to be here however if the basis was also that that fortune with cocaine use that we don't know all the answers to then that changes that that that identified that dynamic and that's why this this this this court should should look at  that also want to briefly talk about the illegal taking just to address the government's argument mr jones brings that forward as as a vector for this court to consider the st action and not not yet on the suspension rules or no it's not your honor not when we're dealing with section two thousand five hundred and one and this case what we're dealing with is well when his claim accrued and in a military pay case that is on the date of discharge and even if there was intentional  his wrongful discharge that accrued on september th one thousand and eighty five dollars when he was discharged so regardless of intentional misconduct later he knew of his injuries he knew on july nd when he was allegedly charged with fabricated cocaine charges that when his injury was his client was diagnosed with p t s d and so has the board found that while his diagnosis mitigated his misconduct i do not condone his misconduct the board did not find that the navy committed any fraudulent acts he did not ask that the board overturn his conviction or for no your honor he can go back to the board and it is worth pointing out that in this case because his discharge was upgraded he can actually go to the board and ask for potentially disability benefits so he he isn't totally left without any kind of remedy or recourse in this case the military has show that he is entitled to those benefits but yes he can apply and there's nothing bar him from applying for that so his discharge was upgraded but it was still a distro yes i get there thirty three months after he was just the