California-based practitioner
Raymond J. Toney has written an excellent
Jurist essay on the District of Columbia Circuit's recent important decision in
Haselwander v. McHugh. The only thing Global Military Justice Reform would add is that in
Chappell v. Wallace, the Supreme Court noted -- 426 U.S. at 303 -- that record-correction board decisions are, in addition to the other Administrative Procedure Act standards, subject to review for substantial evidence.
A seemingly forgotten , or at least, rarely cited case should be an excellent cf. here. In Robinson V. Resor, 469 F.2d 944 (D.C.Cir. 1972) , a very conservative panel of the D.C. Cir.held that under the facts of the case it was arbitrary and capricious not to upgrade a less than honorable discharge. One government attorney involved in the case strongly urged the Army to concede the case ,as the downside of a loss in the D.C. Circuit could prove to be very bad precedent.Unfortunately and as far as I know,the case has laid dormant for decades.
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