Strickland v. United States

OPINION AND FINAL JUDGMENT

BRADEN, Judge.

This case presents a question of statutory interpretation implicating constitutional separation of powers:

Whether Congress delegated final authority to correct military records to civilian boards or to an executive branch appointed military Secretary?

This is a question on which panels of the United States Court of Appeals for the Federal Circuit appear to have reached different conclusions. The decisions holding that final authority rests with civilian boards are consistent with those of the United States Court of Appeals for the Third Circuit and…