Duhon v. United States

The question before us in this case is whether the failure of the Air Force Board for the Correction of Military Becords (AFBCMR) to change plaintiff’s record to reflect a return to a reserve commission status was arbitrary and capricious. We hold that it was.

*566Plaintiff served in both, enlisted and officer status in the Air Force during World War II. He was released to the inactive reserve and. was reactivated on August 6, 1951. At that time, 'his promotion list service date (PLSD) was determined to be November 2, 1949, to give him credit for the prior service. On April 15, 1961, plaintiff was…