Distefano v. United States

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

April 9, 2003

Case

Distefano v. United States

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

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

DECISION PER CURIAM. On September 30, 1998, Julie A. Distefano and Gregory W. Wilson (“Plaintiffs”) filed suit in the United States Court of Federal Claims, alleging that their failures to be promoted to the rank of Major in the United States Air Force in 1994 and 1995 and their subsequent involuntary separations from the service resulted from illegal selection board procedures. Plaintiffs now appeal the court’s February 25, 2002 decision granting judgment in favor of the United States on the administrative record and ordering their complaint dismissed. Distefano v. United States, No. 98-764C (Fed.Cl. Feb. 25, 2002) (“Distefano”). We affirm. DISCUSSION I. This is not the first time this case has been before us. On December 3, 1998, the Court of Federal Claims dismissed Plaintiffs’ action based upon Small v. United States, 158 F.3d 576 (Fed.Cir.1998), in which we held that the use of a panel system in selecting officers for promotion does not contravene 10 U.S.C. §§ 616 (c) and 617(a). Plaintiffs appealed the dismissal. Treating the dismissal as arising under RCFC 12(b)(4), we held that the court had improperly dismissed the action. DiStefano v. United States, No. 99-5046, slip op. …

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