Tippins v. United States could have broad implications for the hundreds of members separated through CRSPs. But the path to legal relief depends on how potential appeals may play out and the timing of the members’ separations, as some CRSP-retired members will outside of the statute of limitations and therefore not members of the Tippins class.
Read MoreMr. Schenk joined several other military practitioners as amici in LaBonte v. United States, a case on appeal at the United States Circuit Court for the Federal Circuit. The case involves the authority of the Army Board for the Correction of Military Records (ABCMR) to grant meaningful relief for members convicted by court-martial.
Read MoreBrian Schenk, was featured on the Military Law Matters podcast, discussing the Boards for Correction of Military Records and related federal court claims.
Read MoreNew statutory amendments suggest:
The Court’s decision illustrates a number of important pitfalls that generally could be avoided if the applicant or his counsel is aware of some key principles.
Read MoreWilhelmus held that the Army Board for Correction of Military Records (ABCMR) violated the Administrative Procedure Act (APA) by failing to properly distinguish its own relevant precedent.
Read MoreThe Air Force recently admitted that the walking and running tracks at 19 of its bases were too long and caused many airmen to erroneously fail their physical training tests. But this could be just the beginning of a long administrative process that applies to any service member wrongfully denied promotion.
Read MoreSince 1991, the Secretary of Defense has unlawfully taxed combat-related disability severance pay for nearly 14,000 wounded veterans to the tune of approximately $78 million.
Read MoreIn July, the United States Court of Federal Claims awarded $3,862,924.53 in legal fees and expenses to Plaintiff’s lawyers from Morgan, Lewis & Bockius and the National Veterans Legal Services Program.
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On February 24, 2016, Acting Principal Under Secretary of Defense Brad Carson issued a memorandum to the secretaries of the military departments that substantially augmented previous guidance on how military record-correction and discharge review boards address applications by Veterans claiming PTSD or related conditions.
Read MoreThere is a class of applicants who submitted reconsideration requests between September 16, 2014 and July 1, 2016 whose cases were unlawfully rejected as untimely. These applicants could reapply for reconsideration, although the requirements for new and material evidence must still be met.
Read MoreThe Army Board for Correction of Military Records (ABCMR) records recently awarded a Purple Heart, Good Conduct Medal, Vietnam Service Medal (3 Bronze Stars), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars for a Vietnam veteran who petitioned the Board nearly 50 years after he sustained injuries in the Battle for Hill 875.
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