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BOWMAN v. U.S.

No. 07-4322.

564 F.3d 765 (2008)

Linden BOWMAN, Plaintiff-Appellant, v. UNITED STATES of America; Donald Rumsfeld, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert T. Lynch, Lynch Legal Services, Cleveland, Ohio, for Appellant. Lowell V. Sturgill, Jr., United States Department of Justice, Washington, D.C., for Appellees. Alexander Joseph Luchenitser, Americans United For Separation of Church and State, Washington, D.C., for Amici Curiae. ON BRIEF: Robert T. Lynch, Lynch Legal Services, Cleveland, Ohio, for Appellant. Lowell V. Sturgill, Jr., Robert M. Loeb, United States Department of Justice, Washington, D.C., for Appellees. Alexander Joseph Luchenitser, Americans United for Separation of Church and State, Washington, D.C., Richard L. Rosen and George Langendorf, Arnold & Porter LLP, Washington, D.C., Steven W. Fitschen, National Legal Foundation, Virginia Beach, Virginia, for Amici Curiae.

Before: GIBBONS and COOK, Circuit Judges; STEEH, District Judge.

GEORGE CARAM STEEH, District Judge.

This lawsuit arises from plaintiff Linden Bowman's early retirement from the United States Air Force and his failed attempt to participate in a program that would allow him to have community service work count toward his years of service needed to obtain a full twenty-year military retirement. The Secretary of Defense failed to process his request for military service credit for his work as a youth minister on grounds that the regulations...

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