Dibble v. Fenimore
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
INTRODUCTION
Donald J. Dibble is a former federal excepted service technician with the New York Air National Guard (“Guard”) who was denied reenlistment. Alleging that this denial was retaliation for Dibble’s exercise of his constitutional and statutory rights, including his advocacy as a union representative, Dibble applied for administrative relief from the Air Force Board for the Correction of Military Records (“Board”). When the Board denied his application, Dibble filed the present action under the Administrative Procedure Act, 5 U.S.C. § 702, against the Secretary…
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