Opinion
Civil Action No. 04-239 (RBW).
March 30, 2005
ORDER
The plaintiff brings this action contending that the United States Army improperly denied his request to remove two Non-Commissioned Officer Evaluation Reports from his personnel file in violation of the Administrative Procedure Act, 5 U.S.C. § 701 et seq. Amended Complaint for Declaratory Relief ("Compl.") at 1. Currently before the Court are the defendant's Motion to Dismiss, Transfer, or, for Summary Judgment, the plaintiff's Cross-Motion for Summary Judgment, and the parties' oppositions thereto. For the reasons set forth in the accompanying Memorandum Opinion, it is hereby this 30th day of March, 2005
ORDERED that the plaintiff's Motion for Leave to File an Amended Complaint is DENIED. It is further
ORDERED that the defendant's Motion to Dismiss, Transfer, or for Summary Judgment is DENIED. It is further
ORDERED that the plaintiff's Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that this case shall be REMANDED to the Secretary of the Army to consider the plaintiff's argument that the two contested NCOERs were in effect relief-for-cause reports as opposed to change-of-rater reports, and if so, whether the plaintiff's records should be corrected to correct an error or to remove an injustice. It is further
ORDERED that this case shall be DISMISSED WITHOUT PREJUDICE.
Should the plaintiff be dissatisfied with the Army's review of his matter, he simply needs to file a notice with this Court requesting that this matter be reinstated.
SO ORDERED.