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The United States Court of Federal Claims affirmed the U.S. Court of Federal Claims decision in Tippins v. United States, that the U.S Coast Guard unlawfully involuntarily retired hundreds of enlisted members through Active Duty Enlisted Career Retention Screening Panels (CRSPs).
Between 2010 and 2015, the Coast Guard forced involuntary retirement onto hundreds of enlisted members through use of so-called Career Retention Screening Panels (CRSPs). On behalf of four named plaintiffs, attorneys at Kirkland and Ellis filed a complaint in the...
This week the United States District Court for the District of Columbia (DDC) entered judgment in favor of an Army Reserve officer-client who challenged the Army’s denial of his attempts to transfer a portion of his GI Bill benefits to his children. The GI Bill...
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...
I was fortunate to work with a team of experienced military employment law practitioners and Military-Veterans Advocacy, Inc. in filing a brief of amicus curiae in a case pending before the United States Court of Appeals for the District of Columbia Circuit. Code v....
Semi-regularly, I intend to make note of key precedential cases involving judicial review of BCMR decisions. Today’s case is Wilhelmus v. Geren, 796 F.Supp.2d 157 (D.D.C. 2011). Wilhelmus held that the Army Board for Correction of Military Records (ABCMR) violated...
Last week, the United State Court of Federal Claims issued a decision dismissing a complaint in Malcolm v. United States, No. 16-545C (Ct. Cl. Jan. 11, 2017). It was an easy case for the court to dispatch and because it was unpublished, it lacks precedential weight. ...
On July 26, 2016, Judge Margaret Sweeney in the United States Court of Federal Claims awarded $3,862,924.53 in legal fees and expenses to Plaintiff’s lawyers from Morgan, Lewis & Bockius and the National Veterans Legal Services Program. In 2008, the Plaintiffs’...
[UPDATE] The 2017 NDAA standardized reconsideration rules for all boards. 10 U.S.C § 1552 has been amended to allow for reconsideration applications based on "materials not previously presented to the Board" no matter when filed. In other words, the statute now...