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BAUDE v. U.S.

2018-2038.

955 F.3d 1290 (2020)

Brian R. BAUDE, Joanna L. Mitchell, Randall E. Feltner, Jason K. Humphrey, Jeffrey W. Kerneklian, David C. Kirkman, Kenji Ligon, Kale M. Mosley, Richard Perron, Christopher T. Prott, Robert B. Russell, Steven P. Schreffler, Eric Suciu, James A. Trevino, Joseph Williams, Jr., Kirk M. Shaffer, Plaintiffs, Jason D. Engle, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 9, 2020.

Attorney(s) appearing for the Case

Elana Nightingale Dawson , Latham & Watkins LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Robert J. Gajarsa , Gabriel Bell;   Ian Beech Petersen , Los Angeles, CA.

William James Grimaldi , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Robert Edward Kirschman, Jr. , Douglas K. Mickle , Joseph H. Hunt;   Annie W. Morgan , Eric W. Welch , United States Air Force, Joint Base Andrews, MD.

Dissenting opinion filed by Circuit Judge Wallach.

In 2011, an Air Force Selective Continuation Board met to determine whether Lieutenant Colonel Jason D. Engle—then a major in the United States Air Force— should be continued or involuntarily discharged. Under the appropriate regulation, DoDI 1320.08, Engle would have been within the six-year protective window...

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