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47 Fed. Cl. 493 · United States Court of Federal Claims · Sep 8, 2000
Plaintiff compares her situation to 3 cases, Adkins v. United States, 68 F.3d 1317 (Fed. Cir.1995); Braun v. Dept. of Veterans Affairs, 50 F.3d 1005 (Fed.Cir.1995); and Roskos v. … Plaintiff also relies on Tippett v.
Cited 9 timesPublishedUnited States Court of Federal Claims · Oct 29, 2024
On June 10, 2020, the Secretary ordered the Board to convene. Id. at 9. On July 22, 2020, the Board met and rendered its unanimous decision. Id. “The Board condemned [Mr. … In addition, “issues and arguments not made before the relevant military correction board or administrative agency are deemed waived and [cannot] be raised in a judicial tribunal.” Sullivan v.
Cited 0 timesPublishedUnited States Court of Federal Claims · Mar 3, 2022
Orloff v. Willoughby, 345 U.S. 83, 93-94 (1953). … Christian v. United States, 337 F.3d 1338, 1343 (Fed. Cir. 2003) (quoting Hary v. United States, 223 F.2d 704, 707 (Ct. Cl. 1980)).
Cited 0 timesPublishedFifth Third Bank v. United States
56 Fed. Cl. 668 · United States Court of Federal Claims · Jun 12, 2003
See United States v. … See also Bank Board Resolution V-O-P-83-2, Feb. 25, 1983 (approving Gateway transaction); Bank Board Resolution V-O-M-84-2, Feb. 23, 1984 (approving Homestead transaction); Bank Board Resolution V-O-M-85-7, July 18, 1985
Cited 8 timesPublished45 Fed. Cl. 224 · United States Court of Federal Claims · Nov 5, 1999
The plaintiffs were considered and selected for involuntary separation from the United States Air Force by the Fiscal Year 1993 Reduction-In-Force Board (FY93 RIF Board). … The potential class numbers 1,595 commissioned officers involuntarily separated when the FY93 RIF Board determined the commissioned officers selected for involuntary separation. Although as pointed out in Moore v.
Cited 15 timesPublished75 Fed. Cl. 206 · United States Court of Federal Claims · Feb 2, 2007
In June of 1995, plaintiff filed her initial claim with the Air Force Board for Correction of Military Records (“Board”), requesting that the Board amend her records to show a disability retirement. Admin. R. at 4. … Bank v.
Cited 1 timesPublishedFemme Comp Inc. v. United States
83 Fed. Cl. 704 · United States Court of Federal Claims · Sep 12, 2008
Corp. v. Johnson, 78 F.3d 1556 , 1562 (Fed.Cir.1996); see also Bannum, Inc. v. … Co. v.
Cited 77 timesPublishedUnited States Court of Federal Claims · Jul 6, 2022
See Baude v. … , as well as on a review of the board’s decision under the arbitrary and capricious standard.”); Quinton v.
Cited 0 timesPublished105 Fed. Cl. 213 · United States Court of Federal Claims · Jun 22, 2012
See Brown, 105 F.3d at 623 ; cf. Crocker v. … See 28 U.S.C. § 1491 (a)(1); Brown, 105 F.3d at 623 ; see also Cleveland Chair Co. v.
Cited 36 timesPublishedKelly v. Secretary of Health and Human Services
United States Court of Federal Claims · May 5, 2023
He is board certified by the American Board of Independent Medical Examiners, the American Board of Psychiatry and Neurology, and the Rhode Island Board of Medical Licensure and Discipline. (Id. at 3.) … He is board certified by the American Board of Pediatrics and the American Board of Allergy and Immunology, and he holds a Pennsylvania State Medical License. (Id. at 2.) Dr.
Cited 0 timesPublished71 Fed. Cl. 220 · United States Court of Federal Claims · May 3, 2006
Santiago to a Physical Evaluation Board (“PEB”). Pl.’s Cross-Mot. App. … See *230 Randolph v.
Cited 17 timesPublishedPennsauken Senior Towers Urban Renewal Associates, LLC. v. United States
83 Fed. Cl. 623 · United States Court of Federal Claims · Sep 18, 2008
See Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 , 1450-51 (Fed.Cir.1997) (canvassing the statutory and regulatory scheme). … Tcherepnin v.
Cited 8 timesPublished133 Fed. Cl. 248 · United States Court of Federal Claims · Jul 18, 2017
United Stares v. Mead Corp., 533 U.S. 2l 8, 226-27 (2001). … Hymds v. United Stares, 810 F.3d 1312, l324 (Fed. Cir. 2016).
Cited 4 timesPublishedUnited States Court of Federal Claims · May 6, 2025
Prior to filing this case, the Board for Correction of Naval Records (BCNR or Board) denied Mr. Muller’s application for administrative relief. Pending before the Court are the parties’ dispositive cross-motions. … Curtis v. United States, 33 Fed.
Cited 0 timesPublishedAmerican Bankers Association v. United States
United States Court of Federal Claims · Oct 30, 2017
Bank Board. … See United Food And Commercial Workers Union Local 751 v. Brown Grp., Inc., 517 U.S. 544, 554 (1996); see also Warth v.
Cited 0 timesPublished127 Fed. Cl. 217 · United States Court of Federal Claims · Jun 8, 2016
The Board’s decision will comply with the substantial evidence standard so long as a “‘reasonable mind might accept’ [the] particular evidentiary record as ‘adequate to support [the contested] conclusion.’” Dickinson v. … [the] evidence in the record are judgment calls that rest primarily within the discretion of the [Merit Systems Protection] Board.” (quoting Hall v. Dep’t of the Treasury, 264 F.3d 1050, 1060 (Fed. Cir. 2001))).
Cited 6 timesPublishedUnited States Court of Federal Claims · Nov 30, 2022
Where a corrections board fails to address contradictory evidence, however, or fails to expressly analyze evidence altogether, the board’s decision may be arbitrary and capricious. See Chisholm v. United States, 41 F. … V.
Cited 0 timesPublished68 Fed. Cl. 503 · United States Court of Federal Claims · Nov 7, 2005
The board denied his request. … There is a rebuttable presumption that military officials, such as officers serving on boards of inquiry, “discharge their duties correctly, lawfully, and in good faith.” Milas v.
Cited 11 timesPublished116 Fed. Cl. 22 · United States Court of Federal Claims · May 13, 2014
Corp. v. United States, 90 Fed. Cl. 341, 355 (2009). Bannum’s approach reflects well the limited nature of the review conducted in military pay cases, including board decisions involving disability benefits. … Cl. 245, 262 (2011); Strickland v. United States, 69 Fed. Cl. 684, 687 (2006). B. Review of the Board’s Decision Plaintiff challenges the two principal findings made by the ABCMR.
Cited 4 timesPublished100 Fed. Cl. 74 · United States Court of Federal Claims · Sep 8, 2011
As the Court of Appeals for the Federal Circuit has noted, wrongful discharge claims, in contrast to disability claims, need no action by an underlying agency board. Chambers, 417 F.3d at 1224-25 ; Holley v. … or Physical Evaluation Board.
Cited 4 timesPublished
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