Federal Court Decisions
Zavala v. United States, USCFC No. CV-00520 (2018) (Settled)
Lippmann v. United States, 127 Fed. Cl. 238 (2016) (Settled)
Westcott v. McHugh, 39 F.Supp.3d 21 (D.D.C. 2014) (Settled)
Watson v. United States, 113 Fed. Cl. 615 (2013)
Coburn v. McHugh, 679 F.3d 924 (2012)
Helferty v. United States, 101 Fed. Cl. 224 (2011)
Wilhelmus v. Geren, 796 F. Supp. 2d 157 (2011)
Westcott v. McHugh, 09-cv-401 (2011)
Hill v. Geren, 597 F. Supp. 2d 23 (2009)
Watson v. Geren, 483 F. Supp. 2d 226 (2009)
Watson v. Geren, 569 F.3d 115 (2009)
In re: Sealed Case, 551 F.3d 1047 (2008)
Seifert v. Winter, 555 F. Supp. 2d 3 (2008)
Loomis v. United States, 68 Fed. Cl. 503 (2005)
BOARDS FOR CORRECTION OF MILITARY RECORDS AND OTHER RECENT DECISIONS:
Board for Correction of Naval Records: On remand from the United States Court of Federal Claims, the BCNR granted partial relief to a Marine Corps Reserve client based on the failure of the Navy/USMC to afford him the required separation physical examination, which would have resulted in the proper diagnosis of a service-incurred injury and placement on MedHold orders. The BCNR awarded retroactive MedHold and approximately 5 months of active service credit with backpay.
Army Discharge Review Board: The ADRB upgraded client's service characterization from Other Than Honorable to General, Under Honorable Conditions, based on PTSD from combat service in Iraq. The DRB had twice previously denied the application. The case was reopened based on the SecDef memorandum directing liberal consideration of PTSD cases.
Board for Correction of Naval Records: The BCNR grants constructive service credit with backpay, and a regular retirement for 20 years of service, to an outstanding Sailor who was unlawfully discharged with no benefits after more than 17 years of service. The Sailor had been medically disqualified from his rate and the Navy failed to either assign him a new rate or refer him for disability evaluation.
Board for Correction of Naval Records: The BCNR voided the disenrollment of a midshipman after we demonstrated serious due process violations in the disenrollment hearing process. The Navy will now reconvene the board free of the numerous procedural errors that invalidated the initial board.
Army Board for Correction of Military Records: The ABCMR upgraded the client's discharge from General, Under Honorable Conditions, to fully Honorable, after we showed that the Army failed to properly care for the veteran following a difficult deployment to Afghanistan. Alcohol was involved in the alleged misconduct that led to the veteran's discharge. Specifically, we showed that the Army failed to refer the veteran for alcohol assessment and treatment, as it was required by law to do.
Army Standby Advisory Board: The STAB retroactively promoted to Sergeant First Class a client who had lost the promotion due to an erroneous General Officer Memorandum of Reprimand (GOMOR). We submitted his SFC promotion package to the STAB after securing the removal of the GOMOR.
Board for Correction of Naval Records: The BCNR upgraded a retired naval officer's service characterization from General, Under Honorable Conditions, to fully Honorable. The BCNR also corrected the Narrative Reason for Separation to remove reference to alleged misconduct.
Board for Correction of Naval Records: The BCNR directed the removal of two FITREPs and related documents from the OMPF of a Marine officer after we demonstrated the underlying allegations and factual bases for the reports were false and inaccurate. The BCNR further directed the officer's promotion reconsideration by a Special Promotion Selection Board. This high profile case concerned combat operations by members of MARSOC in Afghanistan and, in particular, false allegations of war crimes. We proved to the BCNR, and the BCNR explicitly accepted, that the allegations of war crimes were nothing more than an enemy propaganda operation.
Army Suitability Evaluation Board: The DASEB removed a GOMOR from enlisted soldier's OMPF after we obtained the support of the major general who issued the reprimand. We demonstrated that the GOMOR was factually incorrect and unjust because it asserted the Soldier was guilty of an offense we proved he did not commit. The Soldier, who has 17 years of service, was pending separation under the Qualitative Management Program (QMP) due to the GOMOR.
Naval Discharge Review Board: The NDRB upgraded former Marine's Other Than Honorable service characterization to General Under Honorable Conditions based on clemency and post-service good conduct.
Board for Correction of Naval Records: The BCNR granted client's petition to correct his records to reflect an Honorable service characterization (he had received an OTH) and to change the narrative reason for separation from Misconduct to Secretarial Authority. We argued that the USMC failed to afford the client due process of law or to offer him the opportunity to overcome alleged deficiencies.
Army Board for the Correction of Military Records: The ABCMR granted client's application for reconsideration, changing the date of rank for his promotion to colonel from 2016 to 2014 and removing adverse materials from his file. He is entitled to backpay and allowances.
Department of the Navy: A clinical privileges abeyance action against a civilian psychologist employed by the Navy was successfully terminated. No adverse privileging actions or reporting to license authority were made after considering by a credentialing committee.
Department of the Army: The Army (Human Resources Command) granted client's appeal for $100,000.00 in benefits under the Traumatic Servicemember's Group Life Insurance (TSGLI) program. HRC initially denied the claim, at which point the client hired Mr. Toney to manage the appeal.
Army Promotion Review Board (PRB) recommended the restoration of client's name to the O-4 promotion list and client was promoted. His promotion had been delayed based on a stale and erroneous "Titling" action by an over-zealous Army CID. We demonstrated that the client did not engage in the activity alleged and that the matter had previously been disposed of non-punitively by his command.
Air Force Board for Correction of Military Record: The AFBCMR granted client's application challenging separation based on "Personality Disorder." We demonstrated the diagnosis was erroneous and false. Corrected DD214 states the basis for discharge as "Secretarial Authority."
Board for Correction of Naval Records: The BCNR voids and removes a relief for cause adverse FITREP after we demonstrated false statements were made in the report by the RS and RO. The USMC officer was wrongly accused of failure to prevent hazing.
Board for Correction of Naval Records: The BCNR awards Marine constructive service credit for five years of service after finding he was improperly denied reenlistment after a LOD injury. The BCNR directed the Marine's reenlistment and he is now retirement eligible.
Army Board for the Correction of Military Records: After two denials by Army Human Resources Command, the ABCMR granted the client's petition for the Purple Heart Medal based on a concussive injury resulting from an IED blast in Iraq, 2004.
SECNAV: Approved SSB selects client for promotion to Commander, retroactively effective. Client will now receive back-pay for the difference in rank.
Coast Guard Board for the Correction of Military Records: Petition granted, voiding a debt of over $80K for alleged BAH fraud. We proved the client did not commit fraud and larceny as the USCG had found. The Board also directed that monies garnished and payments made toward the debt be returned to the client!
Board for Correction of Naval Records: Petition approved for retroactive benefits under the Reserve Component Survivor Benefit Plan, where the Navy had failed to properly inform and advise surviving spouse of her entitlement to her deceased husband's retired pay under 10 USC Section 1447 et seq. Client will receive retroactive retired pay to 2005.
Army Board for the Correction of Military Records: Army CID decision to list allegations as "founded" was reversed based on a showing of insufficient evidence and lack of legal authority. Years before, the applicant had petitioned CID to remove the "titling" of his name. CID denied that request and, without notifying the applicant, changed the ROI from "unfounded" to "founded." The applicant discovered CID's misconduct only when his promotion was delayed years later.
Army Board for the Correction of Military Records: Debt resulting from involuntary disenrollment from Army ROTC was waived in its entirety in the interests of fairness and justice.
Bureau of Naval Personnel: BUPERS granted naval officer's request for Special Promotion Board consideration for promotion to Commander based on the Navy's failure to advise the officer of a change made to a FITREP and of his right to submit a statement to the record.
Air Force Board for the Correction of Military Records: Veteran who was medically separated with a disability rating of 10% was placed by the AFBCMR on the Permanent Disability Retired List with a rating of 40%.
Navy Formal Physical Evaluation Board (PEB): On appeal to the Formal PEB, Naval officer found fit for full duty after initially having been found unfit by the Informal PEB.
Air Force Board for the Correction of Military Records: Reserve component officer awarded regular retirement with back-pay and constructive service credit due to unlawful use of sanctuary waivers.
Board for the Correction of Naval Records: Former Marine awarded medical disability separation pay after we proved he was not fit for duty at the time of his discharge.
Air Force Board for the Correction of Military Records: Awarded two reserve component officers back-pay after they were unlawfully removed from active duty orders while undergoing disability evaluation.
Navy Discharge Review Board: Changed “Other Than Honorable” discharge to “Honorable” where former sailor was denied his right to a administrative separation board.
Army Criminal Investigation Division Command: Removed soldier’s name (Titling) as a subject of investigation after we proved he was the victim of an assault, not the perpetrator.
Army Board for the Correction of Military Records: Soldier awarded Purple Heart for injuries sustained in combat in Iraq.
Air Force Board for the Correction of Military Records: Officer unlawfully removed from active duty while in sanctuary awarded backpay and retirement for 20 years of service.
Army Board of Inquiry (Show Cause Board): After hearing, board votes to retain officer charged with substandard performance of duty.
USMC Performance Evaluation Review Board: Two FITREPs removed due to factual inaccuracy. BCNR then removes Page 11.
USMC Performance Evaluation Review Board: Factually inaccurate and unjust adverse FITREP pulled.
Air Force Board for the Correction of Military Records: Air Force officer unlawfully removed from active duty while undergoing disability evaluation was awarded backpay and allowances.
Coast Guard Board for the Correction of Military Records: Retroactive promotion to E-9 with backpay for a Coast Guard member unjustly denied advancement.
Department of the Army Suitability Evaluation Board: Adverse OER and Art. 15 transferred to restricted fiche. Officer then promoted.
Army Central Clearance Facility: Secured reinstatement of soldier's TS/SCI security clearance without a personal appearance hearing.
Public Health Service: After a trial, a former federal employee received backpay and allowances for unlawful involuntary suspension without pay. Attorney fees awarded.
Air Force Physical Evaluation Board: Airman rated 30% disabled and placed on Permanent Disability Retired List. Informal PEB had awarded a 10% rating and separation pay.
Air Force Board for the Correction of Military Records: Discharge upgraded from OTH to Honorable and change in reason for separation for an Airman erroneously separated for "fraudulent enlistment."
Navy Discharge Review Board: Discharge upgraded to General from OTH for Marine separated for pattern of misconduct.
Foreign Claims Act: $900,000 settlement with the Army for a Kuwait corporation. The Army negligently destroyed equipment used in support of US operations in Iraq.
Army Discharge Review Board: Discharge upgraded from OTH to General, Under Honorable Conditions, for a former soldier found to have committed misconduct.
Army Discharge Review Board: Discharge upgraded from OTH to Honorable for a former soldier with PTSD found to have committed misconduct.
Air Force Physical Evaluation Board: Secured a finding of Fit for Duty for an officer who was previously found unfit based on an erroneous psychiatric diagnosis and given a 10% disability rating.
Air Force Board for the Correction of Military Records: Retroactive promotion to Master Sergeant, with over one year of backpay, where the Airman's promotion had been withdrawn based on an allegedly unprofessional relationship with a subordinate. The Air Force Board for the Correction of Military Records voted 2-1 to deny the Airman's application. The Assistant Secretary of the Air Force overruled that decision.
Air Force Board for the Correction of Military Records: Retroactive promotion with backpay and retirement pay adjustments of an officer who was denied fair promotion consideration in 1997 because of race and sex discrimination.
Board for the Correction of Naval Records: Administrative reinstatement and retirement of Navy officer who was administratively discharged after 17 years of honorable service, based on violations of the U.S. Constitution and applicable Navy regulations. The BCNR also ordered his discharge characterization to be changed from General to Honorable. The officer received backpay and retroactive retirement.
Army Discharge Review Board: Discharge upgraded from OTH to Honorable for decorated Iraq war veteran suffering from PTSD who was discharged for misconduct.
Navy Physical Evaluation Board: At formal hearing, Marine combat veteran with PTSD rated 30% and medically retired after being awarded 10% by the informal board.
Public Health Service: After hearing before panel of five physicians, a federal physician was cleared of misconduct allegations and returned to practice.
DOHA/Security Clearance: Civilian defense contractor's security clearance reinstated and upgraded to TS/SCI without a formal hearing.