context: Even if an individual chooses to file suit in the Court of Federal Claims without first applying to the BCNR for the correction of his military records, the court has the authority to remand the ease to the BCNR. When the purpose of the remand is to permit the BCNR to revisit a prior decision of the Secretary of the Navy, the decision of the BCNR becomes the final agency action subject to judicial review.
citation_a.signal: see
citation_a.identifier: 423 F.3d 1335, 1339
citation_a.parenthetical: noting that "the correction board process provides for a single final agency action in every case" and that the decision of the Secretary of the Navy -- made through the BCNR -- "is plainly the final agency action"
citation_a.sentence: See 10 U.S.C. § 1552(a)(4) (providing that corrections of military records by correction boards are “final and conclusive on all officers of the United States”); Strickland v. United States, 423 F.3d 1335, 1339 (Fed.Cir.2005) (noting that “the correction board process provides for a single final agency action in every case” and that the decision of the Secretary of the Navy — made through the BCNR — “is plainly the final agency action”); see also RCFC 52.2(f)(1)(A) (requiring the parties to file notices “after the filing of the final decision or other action on remand” that indicate “whether the final decision or other action on remand affords a satisfactory basis for disposition of the case”); Sokol v. United States, 120 Fed.Cl. 144 (2015) (reviewing a correction board decision that had been issued pursuant to a remand order); Johnson v. United States, 97 Fed.Cl. 267, 268-69 (2011) (“The Court remanded the matter to the BCNR for further proceedings because of perceived errors in the board’s initial decision ____ The Court must examine whether the BCNR’s remand decision ‘affords a satisfactory basis for disposition of the case’ under Rule 52.2(f)(1)(A).”), ajfd, 467 Fed.Appx. 883 (Fed.Cir.2012).
citation_b.signal: see also
citation_b.identifier: 97 Fed.Cl. 267, 268-69
citation_b.parenthetical: "The Court remanded the matter to the BCNR for further proceedings because of perceived errors in the board's initial decision ____ The Court must examine whether the BCNR's remand decision 'affords a satisfactory basis for disposition of the case' under Rule 52.2(f)(1)(A)."
citation_b.sentence: See 10 U.S.C. § 1552(a)(4) (providing that corrections of military records by correction boards are “final and conclusive on all officers of the United States”); Strickland v. United States, 423 F.3d 1335, 1339 (Fed.Cir.2005) (noting that “the correction board process provides for a single final agency action in every case” and that the decision of the Secretary of the Navy — made through the BCNR — “is plainly the final agency action”); see also RCFC 52.2(f)(1)(A) (requiring the parties to file notices “after the filing of the final decision or other action on remand” that indicate “whether the final decision or other action on remand affords a satisfactory basis for disposition of the case”); Sokol v. United States, 120 Fed.Cl. 144 (2015) (reviewing a correction board decision that had been issued pursuant to a remand order); Johnson v. United States, 97 Fed.Cl. 267, 268-69 (2011) (“The Court remanded the matter to the BCNR for further proceedings because of perceived errors in the board’s initial decision ____ The Court must examine whether the BCNR’s remand decision ‘affords a satisfactory basis for disposition of the case’ under Rule 52.2(f)(1)(A).”), ajfd, 467 Fed.Appx. 883 (Fed.Cir.2012).