Smith v. United States

NEWMAN, Circuit Judge.

Lieutenant Colonel David R. Smith appeals a decision of the United States Court of Federal Claims, Smith v. United States, 114 Fed.Cl. 691 (2014), sustaining the government’s position that Lt. Col. Smith is not entitled to restoration to a position with the Active Guard Reserve (“AGR”). To prevail on appeal, Lt. Col. Smith must establish that the court’s decision was “arbitrary, capricious, unsupported by substantial evidence, or contrary to law.” Metz v. United States, 466 F.3d 991, 998 (Fed.Cir.2006); Smith, 114 Fed.Cl. at 700.

BACKGROUND

From 1993 to February 2002,…