Annicelli v. Kendall, 20-02647 (D.D.C. Mar. 30, 2022)

Mar 30, 2022

OUTCOME: Opinion holding AFBCMR decision unlawful and remand to the agency.

Court held Air Force Board for Correction of Military Records (AFBCMR) decision unlawful and remanded the matter to the board for further, lawful consideration. Case involved officer's challenge to co ... mmander-directed investigation and adverse officer performance report. Despite raising numerous arguments to the AFBCMR, the board unlawfully adopted an advisory opinion and other documents in lieu of providing its own analysis. However, the adopted documents themselves violated the Administrative Procedure Act and, as such, so did the AFBCMR's decision.

Marta v. Whitley, 20-cv-1020 (D.D.C. Mar. 31, 2021)

Mar 31, 2021

OUTCOME: ABCMR decision set aside remanded

The Army Board for Correction of Military Records (ABCMR) denied servicemember's request to correct his military records to reflect an active-duty election for transferring unused Post-9/11 GI Bill edu ... cation benefits to his dependents, the servicemember was entitled to summary judgment because the Board's denial of his application for correction was flawed where the Board illogically rejected the application because the servicemember did not produce evidence of an attempted transfer while on active duty and the Board failed to adequately consider the Thompson decision; Based on these flaws, the Board's decision was arbitrary and capricious under the APA. On remand, the ABCMR granted full relief. Mr. Schenk was awarded attorneys' fees under the Equal Access to Justice Act (EAJA).

Shallue v. United States, 1801432 (Ct. Cl. Sept. 19, 2018)

Sep 09, 2018

OUTCOME: Partial relief on remand. Complaint for full relief pending.

Case was filed in the U.S. Court of Federal Claims but stayed pending remand to the Air Force Board for Correction of Military Records (AFBCMR). On remand, the AFBCMR granted partial relief, awarding ... the service member over two years of medical continuation (MEDCON) orders, back pay and other pecuniary relief. Litigation continues for full relief which would include an additional eighteen months of MEDCON orders.

Adams v. United States of America, No. 16-2296 (Fed. Cir. July 6, 2016)

Jul 06, 2016

OUTCOME: Pending

Currently in briefing at the United States Court of Appeals for the Federal Circuit. Case involves issue of the legal authority of the AFBCMR to reimburse out-of-pocket medical expenses incurred as a ... result of an correction to an applicant's improper discharge. Case also involves issues of entitlement criteria for Combat-Related Special Compensation (CRSC).

Schwalier v. Hagel, 734 F.3d 1218 (D.C. Cir. 2013)

Nov 15, 2013

OUTCOME: Transfer to Federal Circuit