UPDATE: Code V. McCarthy – D.C. Circuit Reverses Lower Court, Rules Against ABCMR

Today, the United States Court of Appeals for the D.C. Circuit ruled in favor of Lieutenant Code, reversing the D.C. District, setting aside the Army Board for Correction of Military Records (ABCMR) decision, and remanding the matter for further proceedings consistent with the opinion. The decision is a strong rebuke of tactics and argumentation commonly used by the ABCMR and other boards. I was part of a team that filed an amicus curiae brief in support of appellant Lieutenant Code in June 2019.