United States Federal Circuit

Under Porter v. United States, 163 F.3d 1304, the Court of Federal Claims had no authority to require the Corrections Board to make findings regarding the nexus between plaintiff's erroneous Officer Evaluation Reports and his non-promotion.

Appellate Information

• Decided 03/11/2003
• Published 03/11/2003

Judges

• DYK, Circuit Judge., Before MICHEL, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Jack E. Carter, of Fayetteville, NC, argued for plaintiff-appellee., Steve Gillingham, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  James M. Kinsella, Deputy Director;  and William C. Peachey, Attorney.   Of counsel on the brief were Major Joseph C. Fetterman, and Major Scott Reid, United States Army Legal Services Agency, Litigation Division, of Arlington, VA.