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MUELLER v. WINTER

No. 05-5396.

485 F.3d 1191 (2007)

Douglas J. MUELLER, Appellant v. Donald C. WINTER, Secretary of the Navy and Department of Navy, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2007.

Attorney(s) appearing for the Case

Guy J. Ferrante argued the cause and filed the briefs for appellant.

Steven Ranieri, Assistant U.S. Attorney, argued the cause pro hac vice for appellee. On the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Michael J. Ryan and Kevin K. Robitaille, Assistant U.S. Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Lieutenant Commander Douglas Mueller challenges the Navy's refusal to remove an assertedly erroneous fitness report from his personnel record under both the Privacy Act, 5 U.S.C. § 552a, and the Administrative Procedure Act, 5 U.S.C. § 706. He also challenges the Navy's denial of his request to convene a special selection board under 10 U.S.C. § 628. The district court...

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