A year ago, in a post titled: A service member facing involuntary administrative separation is entitled to “qualified counsel,” not the “effective assistance of counsel,” I wrote about a decision of the Court of Federal Claims in Helferty v. United States, No. 11-358C, __ Fed.Cl. __ (Nov. 15, 2013) (link to slip op.).

Mr. Helferty has appealed to the Court of Appeals for the Federal Circuit, and that court recently heard oral argument in the case. Audio of the oral argument is available here.

Update (December 9, 2014): The Federal Circuit has summarily affirmed the decision of the Court of Federal Claims. The decision is available here.

One Response to “Helferty appeals (update: and the Federal Circuit summarily affirms)”

  1. Color me surprised says:

    Surprised there isn’t more interest in this case, just for the subject matter of an admin sep. Admin actions overall are widely abused and get too much discretionary freedom in the military, in my opinion. I’m sure there will be quite a few cases to hit the courts regarding admin seps, given the downsizing. Also, despite the DoD’s claims, I suspect many of the ‘pink slips’ will go to those with Art15s or GOMORs or Show Cause boards etc, making those items effectively a death sentence for a career – hence they may be retroactively challenged in court. Not sure how successful that would be, but, I can see it happening since things like a GOMOR require nothing but a memorandum.