MILLER v. USA

MILLER v. USA

Plaintiff:	DELROY E. MILLER, JR.
Defendant:	USA
Case Number:	1:2014cv00002
Filed:	January 2, 2014
Court:	United States Federal Claims Court
Office:	COFC Office
County:	None
Presiding Judge:	Lynn J. Bush
Presiding Judge:	Marian Blank Horn
Nature of Suit:	Other
Cause of Action:	28 U.S.C. § 1491
Jury Demanded By:	None

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Date Filed	Document Text
January 26, 2015	Filing 25 REPORTED OPINION granting in part (as to Counts I, III, IV, V and VI) and denying in part (as to Count II) 11 Motion for Judgment on the Administrative Record; denying 18 Motion to Supplement the Administrative Record. Pursuant to RCFC 52.2(a ) and 28 U.S.C. § 1491(a)(2), plaintiffs Military Pay Act claim (as set forth in Count II) and his requests for ancillary relief are hereby REMANDED to the U.S. Secretary of the Army, acting through the Army Board for Correction of Military Reco rds, so that the Board may have an opportunity to revisit and articulate in detail its rationale on the subject matter. Defendant shall FILE a Status Report by 4/27/2015. Agency Decision on remand shall be FILED by defendant with this court by 7/27/2015. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 1/26/2015 - corrected deadlines (jt1).

Date Filed

Document Text

January 26, 2015

Filing 25 REPORTED OPINION granting in part (as to Counts I, III, IV, V and VI) and denying in part (as to Count II) 11 Motion for Judgment on the Administrative Record; denying 18 Motion to Supplement the Administrative Record. Pursuant to RCFC 52.2(a ) and 28 U.S.C. § 1491(a)(2), plaintiffs Military Pay Act claim (as set forth in Count II) and his requests for ancillary relief are hereby REMANDED to the U.S. Secretary of the Army, acting through the Army Board for Correction of Military Reco rds, so that the Board may have an opportunity to revisit and articulate in detail its rationale on the subject matter. Defendant shall FILE a Status Report by 4/27/2015. Agency Decision on remand shall be FILED by defendant with this court by 7/27/2015. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 1/26/2015 - corrected deadlines (jt1).

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Plaintiff: DELROY E. MILLER, JR.
Represented By:	Cynthia A. Dill
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Defendant: USA
Represented By:	Meen Geu Oh
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