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NAT'L VETERANS LEGAL SERV. v. US DEPT. OF DEFENSE

No. 20-1435.

990 F.3d 834 (2021)

NATIONAL VETERANS LEGAL SERVICES PROGRAM, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF DEFENSE; Lloyd J. Austin, III, in his official capacity as Secretary of Defense; John E. Whitley, in his official capacity as Acting Secretary of the Army; Thomas W. Harker, in his official capacity as Acting Secretary of the Navy; John P. Roth, in his official capacity as Acting Secretary of the Air Force; Alejandro N. Mayorkas, in his official capacity as Secretary of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2021.

Attorney(s) appearing for the Case

ARGUED: Matthew Robert McGuire , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Appellant. Lauren Anne Wetzler , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. ON BRIEF: George P. Sibley, III , J. Pierce Lamberson , Sarah C. Ingles , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, John E. Swords , Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson and Judge Diaz joined.

Various statutory provisions and regulations require the U.S. Department of Defense ("DoD") to maintain a publicly accessible website containing all decisions rendered by its Discharge Review Boards and Boards for Correction of Military/Naval Records. Before being posted on the website, however, the decisions had to be redacted...

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