United States Federal Circuit

Because the Coast Guard's explanation of officer unavailability appears inconsistent with Article 14-A-12b, plaintiff's allegations establish a prima facie case that the Correction Board's decision upholding the Coast Guard's determination that a soon-to-retire RPA officer was "not available" to serve was arbitrary, capricious, or contrary to law. Absence of the most recent semiannual Officer Evaluation Report materially prejudiced plaintiff's non-selection for promotion by the Selection Board.

Appellate Information

• Decided 08/06/2003
• Published 08/06/2003

Judges

• GAJARSA, Circuit Judge., Before MAYER, Chief Judge, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Guy J. Ferrante,King & Everhard, P.C., of Springfield, VA, argued for plaintiff-appellant.   Of counsel on the brief was Kevin J. Barry, of Chantilly, VA.


• For Appellees:
  
• Colleen Hanrahan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued for defendant-appellee. With her on the brief were David M. Cohen, Director;  and Donald E. Kinner, Assistant Director.   Of counsel on the brief were Paul M. Geier, Assistant General Counsel for Litigation;  Dale C. Andrews, Deputy Assistant General Counsel for Litigation;  and Peter S. Smith, Senior Trial Attorney, U.S. Department of Transportation, Office of the General Counsel, of Washington, DC.