Hugh McKinney v. Christine Wormuth, Secretary of the Army

The Administrative Procedure Act subjects all reviewable agency actions—regardless of which agency acts—to the same standards of judicial review. Neither the legislative history nor the text of the Act itself favors any reviewable agency action, or any agency, with special judicial treatment in the form of super-heightened deference as compared to run-of-the-mill deference. The question presented is: Whether a civilian board’s administrative decisions concerning the correction of military records pursuant to 10 U.S.C. § 1552(a)(1) are properly reviewable subject to an “unusually deferential application” of the arbitrary and capricious standard under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A).