United States DC Circuit

Denial of plaintiff's motion for reconsideration, seeking a correction of his military records, was arbitrary and capricious since the Air Force Board for the Correction of Military Records failed to consider expert testimony from military officials.

Appellate Information

• Argued 04/05/2005
• Decided 05/06/2005
• Published 05/06/2005

Judges

• Before:  EDWARDS, ROGERS and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Daniel M. Schember argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Charlotte A. Abel, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.