Legal Opinion

Gilbert Ortiz, Jr. Nollie Plowman v. Secretary of Defense Secretary of the Army

Court of Appeals for the D.C. Circuit

Decided December 7, 1994No. 94-5026PublishedCited by 11 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Army Board for the Correction of Military Records is a board composed of civilians that processes servieemembers’ claims regarding alleged errors or injustices in their military records. By statute, the Correction Board resolves those claims made “within three years after [the servicemem-ber] discovers the error or injustice.” 10 U.S.C. § 1552(b). These appeals require the court to decide whether, when a former ser-vicemember seeks to upgrade a discharge, the three-year limitation period begins to run from the date…

2Cases cited36 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Morton v. MancariSupreme Court of the United States · 1974
  3. McCarthy v. MadiganSupreme Court of the United States · 1992
  4. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  5. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954

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3Cited by11 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Dennis A. Dickson v. Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1995
  3. Michael K. Frizelle v. Rodney E. Slater, Secretary of TransportationCourt of Appeals for the D.C. Circuit · 1997
  4. Conservation Law Foundation v. EvansDistrict Court, District of Columbia · 2001
  5. Laubach v. Arrow Service Bureau, Inc.District Court, N.D. Illinois · 1997

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