United States DC Circuit

The Army Board for Correction of Military Records did not act arbitrarily or capriciously in refusing to expunge plaintiff's rating in the "second block" in an Officer Evaluation Report, as there is no warrant for concluding that such a ranking underrated his performance.

Appellate Information

• Argued 10/09/2001
• Decided 04/16/2002
• Published 04/16/2002

Judges

• Before:  SENTELLE, RANDOLPH and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles W. Gittins argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Diane M. Sullivan, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.