Legal Opinion
Robert G. Smith v. Secretary of the Army, and Army Board for Correction of Military Records
Court of Appeals for the Federal Circuit
Decided September 17, 2004No. 03-1623PublishedCited by 52 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
Robert G. Smith, a former officer in the United States Army, filed this action in the United States District Court for the Western District of Wisconsin, challenging the Army’s decision not to promote him to the rank of colonel. The district court ruled that it lacked jurisdiction over Dr. Smith’s claim under the Administrative Procedure Act and that Dr. Smith could have brought his action in the United States Court of Federal Claims under the Tucker Act. Accordingly, the district court transferred the case to the Court of Federal Claims pursuant to the federal transfer…
2Cases cited27 opinions
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3Cited by52 opinions
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