Walter Jackson, Jr. v. Raymond Mabus, Jr.
420 U.S. App. D.C. 394
| D.C. Cir. | 2015Background
- Petty Officer Walter Jackson received counseling in Feb 2005 for leaving base early and later left base one day before authorized leave (July 29, 2005) and returned after his leave expired.
- Jackson was charged with unauthorized absence and elected nonjudicial punishment; CO found him guilty, docked one month’s pay, and imposed a six‑month suspended reduction in rank. Jackson declined to appeal.
- While on the six‑month probation, Jackson was insubordinate, admitted the misconduct to a disciplinary board, and the CO reduced his rank to E‑5.
- Jackson received two adverse performance evaluations citing inability to obey orders and detrimental effects on unit cohesion. The Navy honorably discharged him in July 2006 and recommended against re‑enlistment.
- Jackson sought record correction under 10 U.S.C. § 1552 to remove the NJP, rank reduction, and adverse evaluations; the Board denied the request and subsequent reconsideration, and the District Court granted summary judgment for the Board.
- On appeal, the D.C. Circuit reviewed whether the Board acted arbitrarily and capriciously under the APA, properly treated Jackson’s reconsideration materials as not new and material, and whether Jackson received due process or equitable relief.
Issues
| Issue | Jackson's Argument | Navy/Board's Argument | Held |
|---|---|---|---|
| Whether the Board acted arbitrarily and capriciously in denying correction under 10 U.S.C. § 1552 | Board unreasonably refused to correct record; NJP and penalties were erroneous or unjust | Board reasonably relied on evidence of unauthorized absence, subsequent insubordination, and adverse evaluations | Affirmed — Board decision was reasonable and not arbitrary or capricious |
| Whether the Board abused discretion in denying reconsideration (new & material evidence) | Submitted retired special agent report and polygraph showing CO authorized early departure and travel time not leave; raised regulatory and procedural arguments | Evidence at best showed mistake, not authorization; DoD leave rule didn’t authorize absence without prior approval; procedure for reduction did not necessarily require a hearing | Affirmed — Board reasonably found no new and material evidence or basis to change result |
| Whether Board violated Jackson’s Fifth Amendment due process rights | Denial deprived him of adequate opportunity to press claims | Board repeatedly considered Jackson’s multiple theories and materials | Rejected — Jackson received adequate process |
| Whether the Board abused its discretion in refusing equitable relief under § 1552 | Sought equitable correction of records despite misconduct | Board has wide discretion to grant or deny equitable relief; no basis to override its decision | Rejected — no basis to disturb Board’s discretion |
Key Cases Cited
- Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29 (establishes deferential arbitrary and capricious standard of review)
- Roberts v. United States, 741 F.3d 152 (D.C. Cir. 2014) (discusses heightened deference to military record‑correction boards)
- Frizelle v. Slater, 111 F.3d 172 (D.C. Cir. 1997) (boards must adequately explain reasoning for denials)