EAJA Awards (#314593)

Sloan v. United States
1:21-cv-01478
U.S. Department of Defense
Department of the Air Force
National Veterans Legal Services Program Inc.
10,000.00
Court
Null
This was an action for combat related special compensation (CRSC) pay that Plaintiff alleged the USAF unlawfully failed to provide Plaintiff as a result of the USAF's Board for Correction of Military Records' (AFBCMR) findings that his disabilities were not combat-related pursuant to 10 USC 1413a. Plaintiff alleged various violations of the APA, 5 USC 706(2)(A).
The agency was not substantially jusitifed in denying Plaintiff's case at the AFBCMR because he did, in fact, file his case within the 3 year requirement of 10 USC 1552(b); the CRSC board utilized an incorrect standard of proof; the AFBCMR failed to obtain a required advisory opinion; the AFBCMR ignored Plaintiff's requests to assist him in obtaining medical records; the AFBCMR failed to consider Plaintiff's response to the initial advisory opinion; and the AFBCMR decision was bereft of serious analysis.