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GILLAN v. WINTER

No. 05-5471.

474 F.3d 813 (2007)

Martin J. GILLAN, IV, Appellant v. Donald C. WINTER, Secretary of the Navy, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2007.

Attorney(s) appearing for the Case

Eugene R. Fidell argued the cause for appellant. With him on the briefs was Matthew S. Freedus.

W. Mark Nebeker, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, TATEL and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Appellant Martin Gillan, IV was discharged from the United States Naval Reserve because he was twice passed over for promotion while classified as an active reservist. Gillan has challenged his discharge on the ground that the Navy should not even have considered him for a promotion and only did so because it had improperly failed to transfer him to an inactive status. He brought...

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