Code v. McCarthy, No. 18-5122 (D.C. Cir. 2020)Annotate this Case
After appellant asked the Board to expunge or amend Army investigators' determinations recorded in his military files, the Board denied his application and the district court sustained its decision.
The DC Circuit reversed, holding that a basic mistake of fact rendered the Board's decision arbitrary and capricious. In this case, the allegedly false statement was the expiration date of appellant's current military orders, which he wrote in a blank on the 2007-2008 school year registration form to re-enroll his three children at the Fort Buchanan base school. Army investigators opened a fraud investigation on the premise that appellant's assignment was for two years, rather than three. However, it is undisputed that the assignment was for three years and the investigation did not lead to any criminal prosecution or military discipline.