Albino v. United States

OPINION AND ORDER

SWEENEY, Judge.

Before the court are defendant’s renewed motion to dismiss the first amended complaint or, in the alternative, for judgment upon the administrative record and plaintiff’s motion for judgment upon the administrative record. Plaintiff, a captain in the United States Army (“Army”) Reserve Judge Advocate General’s (“JAG”) Corps, challenges a decision by the Army Board for Correction of Military Records (“ABCMR”) denying an application to correct his military record by removing an unfavorable referred Officer Evaluation Report (“OER”). Plaintiff seeks various forms…