Wilson v. McHugh
842 F. Supp. 2d 310
D.D.C.2012Background
- Wilson, a USMA cadet, tested positive for cocaine in Jan 2007 and was charged under the UCMJ.
- He resigned from USMA in lieu of a court-martial and received an OTH discharge.
- He was directed to repay $143,021 in education costs.
- A Feb 2007 press release announced the charges and described the process.
- Wilson sought correction from ABCMR in Jan 2009 for commission, discharge upgrade, debt cancellation, and removal of the press release.
- ABCMR denied relief; Wilson then filed suit under the APA seeking judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wilson may challenge the cocaine charge after voluntary resignation | Wilson challenges drug-test validity as underlying evidence | Resignation precludes challenge to the charge | Precluded; voluntary resignation bars challenge to underlying charge |
| Whether ABCMR's denial of upgrade and debt relief is reviewable given resignation | Requests for upgrade and debt cancellation should be reviewed | Discretionary denial upheld; tied to resignation and contract terms | ABCMR denial supported by substantial evidence; not arbitrary or capricious |
| Whether press-release removal is reviewable under APA/Privacy Act | Press release not accurate; Privacy Act remedy available | APA review precludes Privacy Act claims; press-release denial upheld | APA review applicable; press release removal denied; Privacy Act claim foreclosed to extent based on APA |
Key Cases Cited
- Veitch v. England, 471 F.3d 124 (D.C. Cir. 2006) (duress in voluntary resignation analysis; three-element test)
- Kreis v. Sec’y of Air Force, 406 F.3d 684 (D.C. Cir. 2005) (ABCMR review requires rational connection to data; deferential standard)
- Kreis v. Sec’y of Air Force, 866 F.2d 1508 (D.C. Cir. 1989) (original Kreis opinion on standard of review for ABCMR decisions)
- Kim v. United States, 47 Fed. Cl. 493 (Fed. Cir. 2000) (duress and voluntary resignation analysis; objective standard)
- Tippett v. United States, 185 F.3d 1250 (Fed. Cir. 1999) (presumption of voluntariness in resignations)
- Parisi v. Davidson, 405 U.S. 34 (1987) (exhaustion requirement for military court remedies)
- Veitch v. England, 471 F.3d 124 (D.C. Cir. 2006) (servicemember cannot challenge court-martial charges after resignation)
- Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (arbitration/summary judgment standard comparison)