Byrum v. Winter, 783 F. Supp. 2d 117

Plaintiff, a white minister serving as a Commander in the Navy Chaplain Corps, was involuntarily retired in August 1996 following SERB recommendation.
In 2002–2003, BCNR denied relief after reviewing plaintiff's petitions alleging the precept favored minorities and affected his retirement.
BCNR again denied relief in July 2004 and March 2005 following further petitions and OJAG input.
In May 2006, plaintiff submitted a pre-litigation letter asserting the Navy’s policy showed illegal minority preference and requested reconsideration via referral to a Special Selection Board.
AGC directed BCNR to obtain an advisory opinion; OJAG advised denial, concluding no new material evidence supported relief.
On December 11, 2006 plaintiff filed suit seeking to set aside the BCNR decision; the court later dismissed for lack of subject-matter jurisdiction due to exhaustion failure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff exhausted § 1558(f) before suit	BCNR review satisfied exhaustion	Special board exhaustion required	Yes; lack of exhaustion defeats jurisdiction

Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (jurisdictional questions must be resolved before merits)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing and jurisdiction require a plaintiff show concrete injury)
Bois v. Marsh, 801 F.2d 462 (D.C. Cir. 1986) (exhaustion doctrine applies to military-record challenges)
Martinez v. United States, 333 F.3d 1295 (Fed. Cir. 2003) (mandatory exhaustion before judicial review under § 1558)
Christensen v. United States, 60 Fed. Cl. 19 (2004) (military correction review requires refer to special board per § 1558)