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Alan B. Adams v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2296 · judgment August 21, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
If a worker becomes disabled by their work while working, and is unable to work, laws protect workers from being wrongfully discharged by companies. Similarly, in the military arena, laws such as Title 10 and Directives of the Executive Branch, such as Air Force Directive 36-3212, exist to protect military personnel. Further, Boards such as the Air Force Board of Corrections of Military Records (AFBCMR) exist to reverse errors and injustices. When the Executive Branch and US Courts are not correctly applying the law, action by the Court is needed to protect our nation's veterans and ensure the integrity of the military disability system. The questions presented are: The first question for the Court's consideration involves the AFBCMR. Congress created the boards for the correction of military records (10 U.S.C. § 1552) to serve as fair and impartial adjudicators of administrative law matters concerning military personnel and veterans. They are the highest level of administrative law review within the military departments. The specific question presented is whether the AFBCMR breached its legal duty to provide full and fitting relief to a disabled active duty service member, and what constitutes full and fitting relief for a retroactively medically retired service member. The second question concerns the interpretation of 10 U.S.C. § 1413a, Combat-Related Special Compensation (CRSC), by the Department of Defense
Counsel of record
For petitioner
Alan Adams
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 22 2018Petition DENIED.
- Jan 03 2018DISTRIBUTED for Conference of 1/19/2018.
- Dec 26 2017Waiver of right of respondent United States to respond filed.
- Nov 20 2017Petition for a writ of certiorari filed. (Response due December 28, 2017)