Fairchild v. Lehman
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
RICHARD L. WILLIAMS, District Judge.
This matter comes before the Court on plaintiff’s and defendants’ cross motions for summary judgment. At issue is a decision by the Board of Corrections of Navy Records [BCNR], which upheld plaintiff’s discharge from the United States Marine Corps under less than honorable conditions. No facts are in dispute. Based on the reasons stated below, the Court reverses the BCNR decision, vacates plaintiff’s discharge and nonjudicial punishment, and remands the case to the Marine Corps for further proceedings consistent with this opinion.
I. FACTS
Pl…
2Cases cited6 opinions
- United States v. BookerUnited States Court of Military Appeals · 1977
- Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
- Istivan v. United StatesUnited States Court of Claims · 1982
- Robert M. Owings v. Secretary of the United States Air Force (Safos)Court of Appeals for the D.C. Circuit · 1971
- James E. Peppers v. The United States Army and Those Who Hold the Offices of Secretary of the Army and the Adjutant General of the United States ArmyCourt of Appeals for the Fourth Circuit · 1973
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3Cited by4 opinions
- John A. Fairchild v. John F. Lehman, Jr., Secretary of the NavyCourt of Appeals for the Federal Circuit · 1987
- Snakenberg v. United StatesUnited States Court of Claims · 1988
- Colon v. United StatesUnited States Court of Federal Claims · 1994
- United States v. EspinosaDistrict Court, E.D. Virginia · 2011