When Timing Decides the Case: D.C. Circuit to Hear Oral Argument on Military Record Correction Deadline
The U.S. Court of Appeals for the District of Columbia Circuit has scheduled oral argument in Murphy v. Driscoll, Case No. 25-5119, for Friday, April 10, 2026 at 9:30 A.M. in Courtroom 31 before a panel consisting of Chief Judge Sri Srinivasan, Judge Karen LeCraft Henderson, and Judge Neomi Rao.
Each side will be allotted 10 minutes to present argument.
This appeal focuses on a narrow but critical legal issue: whether the Army Board for Correction of Military Records (ABCMR) reopened the case when it reconsidered the service member’s claims years later — a determination that directly impacts whether the case is barred by the statute of limitations under 28 U.S.C. § 2401.
As outlined in prior filings , the government maintains that the Board’s most recent action was merely a denial of reconsideration and did not restart the statutory clock. The appellant disputes that position, arguing that the Board’s actions constituted a reopening sufficient to permit judicial review.
“This is a procedurally significant case with real consequences for service members,” said Dylan Thayer of the Law Offices of David P. Sheldon, PLLC. “The Court’s analysis will help clarify when reconsideration crosses the line into reopening — and when a service member’s right to judicial review is preserved.”
While the Court will not reach the underlying merits of the client’s disability-related claims, the outcome may have broader implications for how military correction board cases are litigated, particularly where applications are revisited years after initial decisions.
This case serves as a timely reminder: service members seeking to correct their records should act promptly and with experienced counsel to preserve their rights.