United States DC Circuit

An action seeking to vacate a criminal conviction of claimant's great-grandfather is dismissed for want of prudential standing, because under 10 U.S.C. s 1552(g), "military record" pertains only to "an individual member or former member of the armed forces," and claimant's great-grandfather was not a member of the armed forces.

Appellate Information

• Decided 11/08/2002
• Published 11/08/2002

Judges

• Before:  EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Philip A. Gagner argued the cause and filed the briefs for appellant.


• For Appellees:
  
• R. Craig Lawrence, Assistant United States Attorney, argued the cause for appellees.   With him on the briefs were Roscoe C. Howard Jr., United States Attorney, Wyneva Johnson, Assistant United States Attorney, and James R. Agar II, Attorney, Office of the Judge Advocate General.