Case law

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  • Riser v. United States

    93 Fed. Cl. 212 · United States Court of Federal Claims · Jun 29, 2010

    Heisig applied precepts that had been explicated by the Court of Claims fifteen years earlier in Brown v. … However, the record-supplementation aspect of Heisig and Brown has since been overtaken in the Federal Circuit by a reliance on Florida Power & Light to require a remand to a board to consider relevant evidence that had been

    Cited 18 timesPublished
  • Parks v. United States

    127 Fed. Cl. 677 · United States Court of Federal Claims · Aug 1, 2016

    The use of judgment on the administrative record is appropriate in challenges to military correction board decisions. Young v. United States, 497 F. App’x 53, 58-59 (Fed. Cir. 2012). … See Metz v. United States, 466 F.3d 991, 998 (Fed. Cir. 2006) (“[A] plaintiff may waive an argument with respect to [a non-jurisdictional] issue by not asserting it before the Board.”); Doyle v.

    Cited 7 timesPublished
  • Martin v. United States

    United States Court of Federal Claims · Feb 11, 2025

    “The court does not sit as a ‘super correction board.’” King v. United States, 149 Fed. Cl. 272, 275 (2020) (quoting Skinner v. United States, 219 Ct. Cl. at 331, 594 F.2d at 829). … .”); Van Cleave v. United States, 70 Fed. Cl. 674, 678–79 (2006) (While the court does not “serve as a ‘super correction board[,]’ Skinner v.

    Cited 0 timesPublished
  • Barna v. United States

    127 Fed. Cl. 253 · United States Court of Federal Claims · Jun 21, 2016

    So long as the Board considered the relevant evidence and came to a reasonable conclusion, this court will not disturb the Board's decision.” Riser v. United States, 97 Fed. Cl. 679, 683–84 (2011) (quoting Heisig v. … The court does not sit as “a super correction board.” Skinner v. United States, 219 Ct. Cl. at 331, 594 F.2d at 830; see also Voge v. United States, 844 F.2d 776, 782 (Fed. Cir.)

    Cited 0 timesPublished
  • Sparks v. United States

    United States Court of Federal Claims · May 15, 2026

    .”); Van Cleave v. United States, 70 Fed. Cl. 674, 678–79 (2006) (While the court does not “serve as a ‘super correction board[,]’ Skinner v. … See Chappell v. Wallace, 462 U.S. at 303; Prestonback v. United States, 45 965 F.3d at 1368. “The court does not sit as a ‘super correction board.’” King v.

    Cited 0 timesPublished
  • Riser v. United States

    97 Fed. Cl. 679 · United States Court of Federal Claims · Mar 25, 2011

    See Dumont v. … See Bannum, Inc. v.

    Cited 13 timesPublished
  • Shaw v. United States

    100 Fed. Cl. 259 · United States Court of Federal Claims · Aug 4, 2011

    See Chambers v. United States, 417 F.3d 1218, 1224 (Fed.Cir.2005). Here, the July 29, 2010 decision by the Army Board for the Correction of Military Records (“ABCMR”) denying Mr. … See Thomas v. United States, 47 Fed.Cl. 560 , 579 n. 5 (2000); Gay v. United States, 93 Fed.Cl. 681 (2010).

    Cited 3 timesPublished
  • Toscano v. United States

    107 Fed. Cl. 179 · United States Court of Federal Claims · Nov 20, 2012

    See Caldwell v. … See Stern v. Metro.

    Cited 8 timesPublished
  • McClellan v. United States

    119 Fed. Cl. 494 · United States Court of Federal Claims · Jan 27, 2015

    So long as the Board considered the relevant evidence and came to a reasonable conclusion, this court will not disturb the Board's decision." Riser v. United States, 97 Fed. Cl.679, 683-84 (201 1) (quoting Heisiq v. … Brown v. United States,74 Fed. Cl. 546, 550 (2006) (citing 28 U.S.C. S 1631); see also Pleasant-Bev v. United States, 99 Fed. Cl. 363, 368 (2011), appeal dismissed, 464 F. App'x 879 (Fed. Cr.2012).

    Cited 0 timesPublished
  • Spellissy v. United States

    103 Fed. Cl. 274 · United States Court of Federal Claims · Feb 2, 2012

    Accordingly, we must hold that this claim of plaintiff is not one that we can decide. 685 F.2d 407, 414 (Ct.Cl.1982) (citations omitted); see also Brown v. United States, 4 Cl.Ct. 175, 179 (1983) (relying on Koster). … Koster and Brown are distinguishable from this case because (1) those cases were decided pre-Fisher, see Tippett v.

    Cited 10 timesPublished
  • Neutze v. United States

    88 Fed. Cl. 763 · United States Court of Federal Claims · Aug 31, 2009

    The court “ ‘will not distui’b the decision of [a] corrections board unless it is arbitrary, capricious, contrary to law, or unsupported by substantial evidence.’” Barnes v. … Sanders v. United States, 219 Ct.Cl. 285 , 594 F.2d 804, 811 (1979) (citations omitted). In evaluating a Board decision, the *775 court may not consider new arguments not raised before the Board. Id.

    Cited 6 timesPublished
  • Darton Innovative Technologies, Inc. v. United States

    United States Court of Federal Claims · Apr 19, 2021

    Brown, 371 F.3d 814, 817 (11th Cir. 2004))). The principle of these cases, applied to statutory changes, applies equally to regulatory changes. Tesoro Hawaii Corp. v. United States, 405 F.3d 1339, 1346 (Fed. … V.

    Cited 0 timesPublished
  • Zakiya v. United States

    79 Fed. Cl. 231 · United States Court of Federal Claims · Nov 16, 2007

    Humphrey v. … Brown v.

    Cited 18 timesPublished
  • Darton Innovative Technologies, Inc. v. United States

    United States Court of Federal Claims · Apr 19, 2021

    Brown, 371 F.3d 814, 817 (11th Cir. 2004))). The principle of these cases, applied to statutory changes, applies equally to regulatory changes. Tesoro Hawaii Corp. v. United States, 405 F.3d 1339, 1346 (Fed. … V.

    Cited 0 timesPublished
  • Barnes v. United States

    57 Fed. Cl. 204 · United States Court of Federal Claims · Jun 30, 2003

    Murphy v. United States, 993 F.2d 871, 873 (Fed.Cir.1993). In Adkins v. … V, pp. 1-51.

    Cited 6 timesPublished
  • Silbaugh v. United States

    107 Fed. Cl. 143 · United States Court of Federal Claims · Nov 7, 2012

    Richey v. United States, 322 F.3d 1317, 1326 (Fed.Cir.2003) (explaining that a “presumption of regularity” attaches to correction board decisions); Wronke v. … V.

    Cited 6 timesPublished
  • Hoskins v. United States

    40 Fed. Cl. 259 · United States Court of Federal Claims · Jan 27, 1998

    This board thoroughly reviewed his OMPF and found that the selection board had sufficient reason to select him under the QMP. 4. … United States: * * * Once a plaintiff has sought relief from the Correction Board, such plaintiff is bound by that board’s determination unless he can meet the difficult standard of proof that the Correction Board’s decision

    Cited 23 timesPublished
  • Verbeck v. United States

    97 Fed. Cl. 443 · United States Court of Federal Claims · Feb 18, 2011

    .”); Van Cleave v. United States, 70 Fed.Cl. 674, 678-79 (2006) (While the court does not “serve as a ‘super correction board[,]’ Skinner v. … Roberts v. Harvey, 441 F.Supp.2d. 111, 121 (D.D.C.2006). Because the Board did not address Ms.

    Cited 19 timesPublished
  • Van Cleave v. United States

    70 Fed. Cl. 674 · United States Court of Federal Claims · May 19, 2006

    We do not serve as a “super correction board.” Skinner v. United States, 219 Ct.Cl. 322, 327 , 594 F.2d 824 (1979). … See, e.g., Doe v. United States, 132 F.3d 1430, 1434 (Fed.Cir.1997); Armstrong v.

    Cited 41 timesPublished
  • People of the State of California Ex Rel. Edmund G. Brown Jr., Attorney General of the State of California v. United States

    United States Court of Federal Claims · Mar 13, 2015

    Co. v. United States, (No. 07-157C), 105 Fed. Cl. 420 (2012) and California ex rel. Brown v. United States, (No. 07-184C), 105 Fed. … Brown v. United States, 110 Fed. Cl. at 140). The Government has not “provide[d] any reason why that order may be reconsidered now.” Pl. Resp. at 11.

    Cited 0 timesPublished

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