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· 1/8/2010

Barnick v. United States

Citations

  • 591 F.3d 1372
  • 2010 U.S. App. LEXIS 403
  • 2010 WL 46784

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a reservist who “had only been on temporary active duty assignments” and “was on inactive status at the time of the improper action” was not constructively active
  • holding the Court will not disturb the decision of the ABCMR unless it was “arbitrary, capricious, contrary to law, or unsupported by substantial evidence”
  • finding a statute not money-mandating because it merely permits certain payments “if the Secretary determines that it is in the interests of fairness and equity”
  • refusing to provide pay beyond the date a service member would have been “found unfit for duty due to physical disability, and either retired or discharged”
  • finding the claimant “would still have been discharged at that time for physical disability”
  • reviewing a decision of the AFBCMR denying plaintiff back pay and disability benefits

Source: CourtListener parenthetical corpus (CC0).

Judges: Gajarsa, Dyk, Moore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.