Is the BCNR rules for requests for reconsideration unlawful?
Is the BCNR rules for requests for reconsideration unlawful?
Upon remand, the Navy repeatedly attempted to insulate the BCNR’s reconsideration rules from judicial scrutiny, evidently aware that its regulations may be unlawful.
What does new and material evidence mean in BCNR?
The Board merely required “new and material evidence or other matter not previously considered by the Board” but allowed BCNR staff to determine whether the evidence was “new and material.” 32 C.F.R. § 723.9.
Why did the Navy change the BCNR rules?
The BCNR’s unpublished change was prompted by an ongoing pro se lawsuit brought by a Marine plaintiff in 2010 challenging the BCNR’s decision to reject his requested for reconsideration of a BCNR decision issued decades earlier. Lewis v. Sec’y of the Navy, No. 10-0842 (D.D.C. July 1, 2016). Mr.
Is there a post Lewis policy at the BCNR?
BCNR’s post- Lewis reconsideration policy is unclear since the provisions have been invalidated and no new regulations have been published. The BCNR’s website purports to be implementing Lipsman and that “the Board will reconsider an application if an applicant submits new evidence not previously considered by the Board.”
Upon remand, the Navy repeatedly attempted to insulate the BCNR’s reconsideration rules from judicial scrutiny, evidently aware that its regulations may be unlawful.
The Board merely required “new and material evidence or other matter not previously considered by the Board” but allowed BCNR staff to determine whether the evidence was “new and material.” 32 C.F.R. § 723.9.
The BCNR’s unpublished change was prompted by an ongoing pro se lawsuit brought by a Marine plaintiff in 2010 challenging the BCNR’s decision to reject his requested for reconsideration of a BCNR decision issued decades earlier. Lewis v. Sec’y of the Navy, No. 10-0842 (D.D.C. July 1, 2016). Mr.
BCNR’s post- Lewis reconsideration policy is unclear since the provisions have been invalidated and no new regulations have been published. The BCNR’s website purports to be implementing Lipsman and that “the Board will reconsider an application if an applicant submits new evidence not previously considered by the Board.”