No. 04-5382.

435 F.3d 319 (2006)

Charles H. PIERSALL, III Appellant v. Donald C. WINTER, Secretary of the Navy, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 2006.

Attorney(s) appearing for the Case

Eugene R. Fidell argued the cause for appellant. With him on the briefs were Matthew S. Freedus and Charlotte E. Cluverius.

Barton F. Stichman, Arnon D. Siegel, and Michael C. Higgins were on the brief of amicus curiae The National Veterans Legal Services Program in support of appellant.

Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and D. Jacques Smith, Commander, Office of the Judge Advocate General. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Charles Piersall, a Commander in the United States Navy, challenges the decision of the Board for Correction of Naval Records (hereinafter Board or BCNR) not to reverse the effects of his non-judicial punishment.* The district court, relying upon our decision in Brannum v. Lake, 311 F.3d 1127 (2002), dismissed the...


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