Morrison v. Secretary of Defense
802 F. Supp. 2d 6
D.D.C.2011Background
- Morrison filed an APA challenge to the Board for Correction of Naval Records' denial of removing five entries arising from a 1986 non-judicial punishment (NJP).
- The Board and related Defendants denied Morrison's request after advisory opinions and full consideration of the record.
- Morrison previously received multiple NJPs (1986 and 1987), including reductions in rank and pay, with one suspension that was later vacated.
- Morrison was discharged in 1988 with an RE-4 reenlistment code, hindering reenlistment.
- Morrison argued the Board ignored evidence of his exemplary performance and suggested racial bias; the government moved for summary judgment.
- The court granted summary judgment for the government, holding the Board’s process was not arbitrary or capricious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board's denial was arbitrary or capricious under the APA | Morrison argues the Board ignored mitigating evidence of an exemplary record. | Board weighed all factors and provided a rational connection between facts and outcome. | No; decision not arbitrary or capricious. |
| Whether racial bias claims voided the Board's decision | NJP was vindictive and racially motivated; Board ignored this. | No evidence of racial bias; Board plainly weighed allegations and permitted service to end by enlistment term. | Not proven; Board’s finding not arbitrary. |
| Whether Morrison's constitutional rights were violated | Speedy trial and other rights were implicated by NJP. | Speedy trial rights do not apply to NJP; claim frivolous. | Frivolous; not addressed as a constitutional violation. |
Key Cases Cited
- Frizelle v. Slater, 111 F.3d 172 (D.C. Cir. 1997) (military board review must address non-frivolous arguments)
- Kreis v. Sec'y of Air Force, 866 F.2d 1508 (D.C. Cir. 1989) (deferential review; need a reasoned explanation under APA)
- Dickson v. Sec'y of Defense, 68 F.3d 1396 (D.C. Cir. 1995) (review of military corrections board focuses on process, not correctness)
- Mueller v. Winter, 485 F.3d 1191 (D.C. Cir. 2007) (no reversible error where record lacks factual inaccuracies)
- Calloway v. Brownlee, 366 F. Supp. 2d 43 (D.D.C. 2005) (presumption of regular administrative action; burden on movant)