10 U.S.C. § 8303
Replacement
The Secretary of the Navy may replace without charge any medal of honor, Navy cross, distinguished-service medal, silver star medal, or Navy and Marine Corps Medal, or any associated bar, emblem, or insignia awarded under this chapter that is stolen, lost, or destroyed or becomes unfit for use without fault or neglect on the part of the person to whom it was awarded.
Notes of Decisions
Cited in 16
cases, 1975–1991 · leading case: Sanders v. United States, 219 Ct. Cl. 285 (Ct. Cl. 1979).
Sanders v. United States, 219 Ct. Cl. 285 (Ct. Cl. 1979). “Plaintiffs termination was accomplished under the authority of 10 U.S.C. § 8303 (d) which required such upon two failures for permanent promotion.”
Pepper v. United States, 8 Cl. Ct. 666 (Ct. Cl. 1985). “Plaintiff was discharged on February 29, 1980 pursuant to 10 U.S.C. § 8303 (1976 and Supp. IV) after having been twice passed over for promotion to the regular grade of permanent major.”
Heaphy v. United States, 23 Cl. Ct. 697 (Ct. Cl. 1991). “Following his failure to be selected for promotion to the permanent grade of Major by two Department of the Air Force, regular selection boards, convened on August 18, 1975 and November 8, 1976, plaintiff was given the option of mandatory retirement, effective June 30, 1977, as…”
James A. Bailey v. The United States, 721 F.2d 357 (Fed. Cir. 1983). “According to his petition filed in the Court of Claims on May 15, 1980, Bailey was involuntarily released from active duty on June 30,1975, as a Reserve commissioned officer after having been twice passed over for promotion to the temporary grade of major by selection boards…”
David S. Pepper v. The United States, 794 F.2d 1571 (Fed. Cir. 1986). “Pepper was involuntarily discharged on February 29, 1980, pursuant to 10 U.S.C. § 8303 (1976 and Supp. IV) after having been twice passed over for promotion to the regular grade of permanent major on June 19, 1978, and July 9, 1979.”
Yee v. United States, 206 Ct. Cl. 388 (Ct. Cl. 1975). “10 U.S.C. §§ 8303 (d) and 8846 (1970). In paragraph 3 of his prayer for relief, plaintiff also sought to recover attorney’s fees, costs, interest, ana expenses connected with the correction of errors and injustices relative to his wrongful discharge on March 31, 1965 and to…”
Boyd v. United States, 207 Ct. Cl. 1 (Ct. Cl. 1975). “§ 8297 ) and the retirement of those not selected ( 10 U.S.C. § 8303 ) are basic to the performance of the Air Force mission.”
Adkins v. United States, 228 Ct. Cl. 909 (Ct. Cl. 1981). “10 U.S.C. § 8303 (d)(3) (1976). He was passed over for promotion to the temporary grade of major in 1969, 1970, 1971, 1972, and 1973.”
Muse v. United States, 13 Cl. Ct. 372 (Ct. Cl. 1987). “10 U.S.C. § 8303 (1982). . MILPERCEN screens claims to separate those based on administrative error from those based on a claim for substantive inaccuracy.”
Vance v. United States, 434 F. Supp. 826 (N.D. Tex. 1977). “10 U.S.C.A. § 8303 (Supp.1976). In view of the fact that officers and enlisted men are organized and treated as two different groups of employees with respect to entry and discharge from the armed forces, the administrative conve *839 nience to the Air Force of adapting weight…”
Hodakievic v. United States, 6 Cl. Ct. 499 (Ct. Cl. 1984). “Plaintiff also alleges that since the unfavorable OER was voided, his first passover was invalid and that, as a result, he was discharged on the basis of a single passover, contrary to 10 U.S.C. § 8303 (d). Finally, plaintiff alleges the second passover should be voided.”
Chronis, 222 Ct. Cl. 672 (Ct. Cl. 1980). “Plaintiff, a former captain in the United States Air Force, seeks relief from his involuntary termination under 10 U.S.C. § 8303 (1976) resulting from two passovers for promotion to permanent grade captain.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.