United States DC Circuit

In case involving appellant Naval Lieutenant Commander's challenge to appellees' refusal to remove an assertedly erroneous fitness report from appellant's personnel record, summary judgment for appellees is affirmed over claims that: 1) appellees erred in failing to remove the original fitness report from appellant's record pursuant to the Privacy Act; 2) the denial of appellant's request to remove the report was arbitrary and capricious under the Administrative Procedure Act; and 3) the refusal to convene a special selection board was arbitrary, capricious, and unsupported by substantial evidence.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

Court

• United States DC Circuit

Counsel