PORTER v. U.S.

No. 97-5007.

163 F.3d 1304 (1998)

Gregory C. PORTER, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 20, 1999.


Attorney(s) appearing for the Case

Kathleen J. St. John, of Marietta, Georgia, argued for plaintiff-appellee. Of counsel on the brief were Kane St. John; and Russell O. Wheeler, of Oklahoma City, Oklahoma.

Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief were Lt. Col. Steven J. Pecinovsky and Major Joginder Dhillon, General Litigation Division, United States Air Force, of Arlington, Virginia. Also of counsel was Gregory C. Porter, pro se plaintiff-appellant.

Kathleen J. St. John, of Marietta, Georgia amicus curiae for Guy Ferrante.

Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined January 20, 1999.*

CLEVENGER, Circuit Judge.

This appeal presents questions of first impression relating to the authority and duty of civilian boards for the correction of military records. The case involves the Air Force Board for the Correction of Military Records ("Air Board" or "AFBCMR"). The plaintiff and appellee, Gregory C. Porter, was twice passed over, in 1984...

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