No. 22-297

Kevin Llewellyn McGhee v. United States

Lower Court: Federal Circuit
Docketed: 2022-09-28
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights combat-related-injury correction-of-records disability due-process federal-claims federal-employee-rights military military-disability
Key Terms:
AdministrativeLaw SocialSecurity
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether a Court and an armed forces board of corrections can invalidate disability laws, disregard a service member's permanent disability combat-related injury, and violate his right to sue for causing permanent disability while on inactive-duty training drills

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Fifth and the Fourteenth Amendment of the Constitution, “Due Process” clause, guarantees a citizens’ rights to “life, liberty, and property,” and the opportunity to be heard when the federal government acts in a way that denies these rights. Petitioner understands, by Rule 10 of the Supreme Court, that it has “discretion” to hear or deny any petition for writ of certiorari. I pray that the questions presented are compelling reasons to grant this Petition. This case concerns correction of records, 10 U.S.C. § 1552, military, and military that affects civilian disability pay, rights, and benefits as a : retired federal technician. Petitioner is a military medical disability retiree with the effective disability retirement date of January 20, 2015, with 30 years of service under 10 U.S.C. Chapter 61 § 1204 (70%, Permanent Disability Retirement List (PDRL), and authorized by Army Regulation (AR) 635-40, from post-traumatic stress disorder (PTSD) with co-morbid Major Depressive Disorder (MDD), whose disability resulted from a “combat related injury during a war period” as defined in 26 U.S.C. § 104. Petitioner is a former dual-status military federal technician (chaplain) with the Missouri Army National Guard (13 years and 8 months of federal civil service) on Federal Employee Retiree System (FERS) immediate annuity since October : 2019. i This Petition requests review, based on the United States Court of Federal Claims dismissal for “lack of subject matter jurisdiction” and the Army/Army Board for Correction of Military Records final action/decision of “partial relief,” when it is in convincing conflict with another executive agency. Answers to the following three questions presented, are paramount: I. Whether a Court and an armed forces board of corrections, can invalidate disability laws, disregard a_ service member’s permanent disability combatrelated injury, and violate his right to sue for causing permanent disability while on inactive-duty training drills. Il. Whether this case, for disability pay, rights, and benefits, military and civilian, correction of records, can harmonize future decisions, in lower courts and armed forces’ boards for correction of records, that would ensure the full rights of America’s Patriots with disabilities, and their families’ service to the country, realizing that some paid the “ultimate sacrifice.” Il. Whether this case can have precedential : value to clarify and help decide other disability pay, rights, and benefits’ cases across executive government agencies, ii federal statutes, with their regulations, and policies for America’s patriots with disabilities.

Docket Entries

2022-11-21
Petition DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-25
Waiver of right of respondent United States to respond filed.
2022-09-20

Attorneys

Kevin L. McGhee
Kevin L. McGhee — Petitioner
Kevin L. McGhee — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent