United States DC Circuit

In former Army lawyer's action arguing that the Army Correction Board's decision rescinding plaintiff's discharge from the Army was arbitrary, capricious, and contrary to law, summary judgment for defendant is affirmed where: 1) the Board reasonably concluded that plaintiff was not lawfully discharged from the Army on September 14, 2001; 2) plaintiff failed to show that he suffered any prejudice from the Army's alleged error regarding which entity could technically revoke the authorization for his discharge; and 3) Article 3(b) applied only to individuals who were actually "discharged from the armed forces" and then returned to the military to face court-martial.

Appellate Information

• Argued 04/20/2010
• Decided 06/22/2010
• Published 06/22/2010

Judges

• Before GINSBURG, TATEL, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Ryan C. Morris argued the cause for appellant. With him on the briefs was Paul J. Zidlicky.


• For Appellees:
  
• Kathryn A. Donnelly, Special Assistant United States Attorney, argued the cause for appellee. With her on the brief were Channing D. Phillips, Acting United States Attorney, R. Craig Lawrence, Assistant United States Attorney, and Major Joshua M. Toman, U.S. Army Litigation Division.