Hayes v. United States

OPINION

DAMICH, Judge:

In this action, Plaintiff seeks judicial review of a decision of the Army Board for Correction of Military Records (“ABCMR” or “the Board”) denying his request to correct the date of rank of his promotion to Captain (with resultant pay and allowances). Before the court are the parties’ cross-motions for Judgment on the Administrative Record (“AR”).

The dispute centers on the requirement, pursuant to 10 U.S.C. § 12205, of a baccalaureate degree as a condition of appointment above the rank of first lieutenant, the Army’s authority under the statute to waive the degree…