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SCHAEFER v. McHUGH

No. 09-5187.

608 F.3d 851 (2010)

Malcolm G. SCHAEFER, Appellant v. John McHUGH, Secretary of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2010.

Attorney(s) appearing for the Case

Ryan C. Morris argued the cause for appellant. With him on the briefs was Paul J. Zidlicky.

Kathryn A. Donnelly, Special Assistant United States Attorney, argued the cause for appellee. With her on the brief were Channing D. Phillips, Acting United States Attorney, R. Craig Lawrence, Assistant United States Attorney, and Major Joshua M. Toman, U.S. Army Litigation Division.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Malcolm Schaefer pointed to his bad knees as a reason to get out of his Army service. But Schaefer was an Army lawyer. Bad knees typically do not preclude service as a lawyer. The Army therefore rejected Schaefer's request for discharge. But because of an administrative foul-up, Schaefer was able to obtain papers showing his legal discharge. Shortly afterwards, the Army informed Schaefer that he...

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