United States Federal Circuit

The Assistant Secretary's decision to overrule the Board for Corrections of Naval Records, which recommended that plaintiff's discharge be set aside, was within the power granted by Congress in 10 U.S.C. section 1552(a)(1).

Appellate Information

• Decided 09/16/2005
• Published 09/16/2005

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John B. Wells, of Slidell, Louisiana, argued for plaintiff-appellee., Anthony J. Steinmeyer, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief was Peter D. Keisler, Assistant Attorney General.   Of counsel on the brief was Gregory R. Bart, Lieutenant Commander JAGC, Office of the Judge Advocate General, General Litigation Division, United States Department of the Navy, of Washington, DC. Of counsel were David M. Cohen, Director, Franklin E. White, Jr., Assistant Director and Gregory T. Jaeger, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.