“Whether the trial court abused its discretion in finding that the position of the United States was not substantially justified, where the Government’s overall position with regard to the claim Mr. Monroe raised in his complaint was vindicated and where his partial success at the [Air Force Board for the Correction of Military Records] on remand was solely the result of a new claim that he never raised at the trial court.”
“Whether the trial court abused its discretion by awarding Mr. Monroe all the attorney fees and expenses that he sought, rather than reducing the award based upon Mr. Monroe’s limited success.”
Holding
“[W]e hold that the Claims Court abused its discretion in making its judgment call, due to its errors in faulting justification for the government’s overall position.”
“[W]e reverse the final decision of the Claims Court awarding attorneys’ fees and expenses to Mr. Monroe, and remand the case for dismissal of Mr. Monroe’s EAJA motion.”
