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COBURN v. McHUGH

No. 10-5350.

679 F.3d 924 (2012)

Trent M. COBURN, Appellant v. John M. McHUGH, Honorable, Secretary of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 25, 2012.

Attorney(s) appearing for the Case

Raymond J. Toney argued the cause and filed the briefs for appellant. David P. Sheldon entered an appearance.

Daniel J. Everett , Special Assistant U.S. Attorney, argued the cause for appellee. On the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence and Alan Burch , Assistant U.S. Attorneys. Kelly L. McGovern , Special Assistant U.S. Attorney, entered an appearance.

Before: BROWN and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

EDWARDS, Senior Circuit Judge:

After nearly eighteen years of service in the United States Army, Appellant Trent Coburn was involuntarily separated on October 30, 2002, pursuant to the Army Qualitative Management Program ("QMP") for an unfavorable Noncommissioned Officer Evaluation Report ("NCOER") and a record of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice ("UCMJ"). Prior to his separation, Coburn had undergone repeated medical...

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