“In the wake of World War II, Congress established corrections boards for military records to help ensure that military members had a way to seek relief from harsh outcomes in the military justice system that hampered their reintegration into civilian life. In establishing the boards, Congress required service secretaries to ‘act[] through boards of civilians’ to correct the records of servicemembers. 10 U.S.C. § 1552(a)(1). These boards receive tens of thousands of applications every year from servicemembers seeking record corrections. Currently, there is a split in authority over whether the statutory language requiring the Secretary of a military department to ‘act[] through boards of civilians’ permits the Secretary to overrule a Board’s decision that is supported by the record.”
“The question presented is whether the Secretary of the Navy, is ‘acting through’ the Board for Correction of Naval Records as required by statute when he reweighs evidence and sets aside a decision of that Board that was supported by substantial evidence.”
