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HOLLEY v. U.S.

No. 95-5134.

124 F.3d 1462 (1997)

John D. HOLLEY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 19, 1997.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., Falls Church, VA, argued for Plaintiff-Appellee.

Edmund W. Chapman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, 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 was LTC David Hayden and Major Douglas Mickle, Department of the Army, Arlington, VA. Counsel is David B. Stinson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC.

Before NEWMAN, MICHEL, and PLAGER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The government appeals the decision of the United States Court of Federal Claims, Holley v. United States, 32 Fed. Cl. 265 (1994), ruling that John D. Holley, Jr. was illegally discharged from military service; the court ordered back pay, reinstatement, and associated benefits.

The discharge was conducted in accordance with the statutory and regulatory rules applicable to officers having less than five years of commissioned...

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