Susanna M. Baginsky v. The United States

I agree with the majority that the prior order of the Court of Claims, 221 Ct.Cl. 908 (1979), contemplated a full review as to whether, prior to her discharge, Dr. Bagin*1077sky had been given the counseling the Manual required. The majority, however, determines this previously undecided issue on its own without a remand to the Claims Court. I would instead remand the case to the Claims Court for a determination of the counseling issue. I do not believe that it is proper or desirable for us to make our own initial fact findings on this issue without prior consideration by the Claims Court.

This…