CODE v. McCARTHY

No. 18-5122.

959 F.3d 406 (2020)

Christopher J. CODE, Appellant, v. Ryan D. McCARTHY, Secretary, U.S. Department of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2020.


Attorney(s) appearing for the Case

Nathan S. Mammen , Washington, DC, argued the cause for appellant. With him on the briefs were Hannah L. Bedard and Matthew J. McIntee , Washington, DC.

John B. Wells , Raymond J. Toney , Astoria, NY, and Brian D. Schenk , Minneapolis, MN, were on the brief for amicus curiae Military-Veterans Advocacy, Inc. in support of appellant.

Jeremy A. Haugh , Special Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jessie K. Liu , U.S. Attorney at the time the brief was filed, and R. Craig Lawrence , Assistant U.S. Attorney. Roberto C. Martens Jr. , Special Assistant U.S. Attorney, entered an appearance.

Before: Tatel, Pillard, and Wilkins, Circuit Judges.


Lieutenant Christopher Code asked the Army Board for the Correction of Military Records (the Board or ABCMR) to expunge or amend Army investigators' determinations recorded in his military files. The records at issue stated that credible information and probable cause existed to believe that Code committed the criminal offenses...

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