United States Federal Circuit

Due to a failure to adhere to the involuntary separation procedures set forth in Army Regulation 600-8-24, plaintiff was not legally released from active service; the proceeding was not initiated by the Secretary of the Army, as required by that Regulation.

Appellate Information

• Decided 04/28/2004
• Published 04/28/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Matthew S. Freedus,Feldesman Tucker Leifer Fidell LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Eugene R. Fidell and Todd A. Wynkoop.


• For Appellees:
  
• Brent M. McBurney, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief was Captain Steven D. Bryant, Litigation Division, United States Army Legal Services Agency, of Arlington, Virginia.