United States Federal Circuit

A decision of the Court of Federal Claims denying plaintiff relief from the Secretary of the Navy's decision to delay her promotion and subsequently to remove her name from a military promotion list is affirmed where plaintiff's claim that she was promoted as a matter of law was barred by case precedent, and a decision denying her request for a correction of her personnel record was based on a proper understanding of 10 U.S.C. section 1094(a)(1).

Appellate Information

• Decided 08/14/2006
• Published 08/14/2006

Judges

• DYK, Circuit Judge., Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Douglas K. Mickle, 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 was Lieutenant Marc Rosen, General Litigation Division, Office of the Judge Advocate General's Corps, United States Department of the Navy, of Washington, DC.