Clifford v. United States

OPINION 1

MILLER, Judge.

This case is before the court after argument on cross-motions for judgment on the administrative record pursuant to RCFC 56.1(b). Alleging a violation of his right to counsel before a military separation board, a servicemember seeks lost pay for 14 days and lost separation pay. The issue for decision is whether the separation board complied with applicable regulations when it proceeded to conduct a hearing in the absence of both military counsel and the servicemem-ber’s civilian counsel, which resulted in a decision to separate him involuntarily from the service under…