ROBERTSON v. GIBSON

No. 2013-7103.

759 F.3d 1351 (2014)

Tony W. ROBERTSON, Claimant-Appellant, v. Sloan D. GIBSON, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 21, 2014.


Attorney(s) appearing for the Case

Nathan S. Mammen , Kirkland & Ellis LLP, of Washington, DC, argued for claimant-appellant. With him on the brief was Rachel E. Goldstein.

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Rachael T. Brant , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Megan F. Raymond and Paul M. Schoenhard , Ropes & Gray, LLP, of Washington, DC, for amicus curiae, National Institute of Military Justice.

Before O'MALLEY and HUGHES, Circuit Judges.


HUGHES, Circuit Judge.

During the Vietnam War era and after having served a period of confinement for being absent without leave, Tony W. Robertson was discharged from the Army under conditions other than honorable, a character of discharge that can foreclose the receipt of veterans' benefits. He subsequently participated in President Ford's clemency program and received a presidential pardon and a new clemency discharge. Despite his pardon and clemency discharge...

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