United States Federal Circuit

The decision in Small v. United States, 158 F.3d 576 (Fed. Cir. 1998), which holds that the Air Force-s division of its Promotion Review Boards into smaller panels was a permissible interpretation of 10 USC 616 and 617 and was consistent with DoD Directive 1320.9, is retroactive.

Appellate Information

• Decided 11/03/2000
• Published 11/03/2000

Judges

• Before GAJARSA, Circuit Judge, ARCHER and PLAGER, Senior Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Guy J. Ferrante,King & Everhard, P.C., of Falls Church, VA, argued for plaintiff-appellee., Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  and Kirk T. Manhardt, Assistant Director.   Of counsel on the brief was Lt. Col. Ralph A. Bauer, Chief, Military Personnel Branch, United States Air Force, Office of the General Counsel, of Arlington, VA. Of counsel was James M. Kinsella, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.