United States Tenth Circuit
Hanson v. Wyatt, 06-6136, 06-6204
In an action brought by an individual removed from the Oklahoma Army National Guard seeking reinstatement to his former position plus back pay and retirement points, summary judgment for plaintiff requiring his reinstatement is reversed where: 1) a servicemember can seek review of a decision by the Army Board for Correction of Military Records (ABCMR) under the Administrative Procedure Act (APA), or can sue the U.S. under the Tucker Act or the Little Tucker Act; 2) nevertheless, there was no proper basis for this suit for violation of a National Guard regulation; and 3) plaintiff did not state a claim for denial of constitutional due process.
Appellate Information
- Decided 09/10/2008
- Published 09/11/2008
Judges
Court
- United States Tenth Circuit