Rigsbee v. United States

Type

Opinion of the Court

Author

Randall Ray Rader

Filed

April 10, 2003

Case

Rigsbee v. United States

Case status

Decided

The first passage of the document, as extracted by the source provider.

RADER, Circuit Judge. Mr. Rigsbee seeks review of the October 1, 2002, decision of the United States Court of Federal Claims in Rigsbee v. United States, No. 98-623 C (Fed.Cl. Oct.1, 2002) (Rigsbee III). The Court of Federal Claims granted a motion for judgment by the United States on the administrative record of a decision of the Army Board for Correction of Military Records (Board). Mr. Rigsbee appeals the Court of Federal Claims decision to this court. Because the Court of Federal Claims properly granted the motion for judgment, this court affirms. I. On October 31, 1995, Mr. Rigsbee retired as an Army officer under circumstances that this court summarizes only briefly here. More detailed facts appear in earlier opinions of this court and the Court of Federal Claims, as cited herein. In 1993, the Army filed in Mr. Rigsbee’s Official Military Personnel File an Officer Evaluation Report (OER) that was generally favorable, but placed Mr. Rigsbee “below center mass” in comparison to fellow officers. In May 1993, Mr. Rigsbee was ordered to leave his company command *498 position at Fort Bragg to assume duties as Operations Officer at the Pentagon. Mr. Rigsbee applied for promotion to…

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