Skip to main content
· 7/25/2014

William Havens v, Raymond Edwin Mabus, Jr., Secretary of the Navy Chairman, Board for Corrections of Naval Records

Citations

  • 411 U.S. App. D.C. 282
  • 759 F.3d 91
  • 2014 WL 3674599
  • 2014 U.S. App. LEXIS 14146

How courts have described this case

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

  • noting that a district court 4 may abuse its discretion not to remand for benefits when all of these conditions are 5 met
  • noting that 28 U.S.C. § 2501 is “the Tucker Act’s jurisdictional, six-year statute of limitations”
  • noting that claim preclusion only bars a subsequent lawsuit “involving the same claims or cause of action” where a “final valid judgment on the merits” was issued by a “court of competent jurisdiction” to provide complete relief
  • explaining that an informal PEB determines whether an active duty service member is “fit” or “unfit” to continue service, while it determines whether a non-active duty reservist is “physically qualified” or “not physically qualified” to continue service
  • noting “APA claims challenging [Board] decisions accrued when the decisions issued”
  • BCNR treated application for review as a new application and expressly stated that it examined the merits

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Wilkins, Sentelle

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.