United States Federal Circuit

Dismissal of a challenge, to the U.S. Air Force's (USAF) evaluation of an officer and his non-selection for promotion, was improper where the officer's justiciable claim was based on the alleged failure of the USAF to follow its own procedural regulations; allegations would impel inquiry into the relationship between the errors and nonselection.

Appellate Information

• Decided 06/27/2002
• Published 06/27/2002

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, BRYSON and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William S. Aramony,Law Office of William S. Aramony, of Alexandria, Virginia, argued for plaintiff-appellant.


• For Appellees:
  
• David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief was Captain Ira Perkins, United States Air Force, of Arlington, Virginia.