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SCHWALIER v. HAGEL

No. 12-5153.

734 F.3d 1218 (2013)

Terryl J. SCHWALIER, United States Air Force Retired Brigadier General, Appellant v. Chuck HAGEL, Secretary of Defense, and Eric Fanning, Acting Secretary of the Air Force, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2013.

Attorney(s) appearing for the Case

David P. Sheldon argued the cause for appellant. With him on the briefs were Brian D. Schenk and Edward F. Rodriguez Jr.

John F. Cooney and Rebecca E. Pearson were on the brief for amicus curiae Air Force Association in support of appellant.

Jane M. Lyons , Assistant U.S. Attorney, argued the cause for appellees. On the brief were Ronald C. Machen Jr. , U.S. Attorney, R. Craig Lawrence , Assistant U.S. Attorney, and Jenny Knopinski , Special Assistant U.S. Attorney. John G. Lennon , Special Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge.

Retired Brigadier General Terryl Schwalier brought this action in the district court seeking, inter alia, "correction" of his military records to reflect promotion to major general, along with active duty back pay and retired pay. The district court entered summary judgment in favor of the Secretary of the Air Force and the Secretary of Defense. Schwalier appeals. Because the jurisdiction...

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