Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Washington, D.C. – February 20, 2025 – Attorney Dylan Thayer will present oral arguments before the United States Court of Appeals for the District of Columbia Circuit on February 21, 2025, at 9:30 A.M., advocating for Major Thomas G. Coleman (ret.), USAF, in his case against Secretary of the Air Force Frank Kendall, III.

Major Coleman seeks to rectify a bureaucratic error that has unjustly prevented him from completing his 18-year safe harbor period for military retirement. The Air Force Board for the Correction of Military Records (AFBCMR) acknowledged the error but has failed to fully remedy its consequences. At issue is whether a military correction board, upon identifying an injustice, is required under the law of the D.C. Circuit to fully correct that injustice. Thayer will argue that the answer is unequivocally yes.

In his appeal, Major Coleman is requesting 49 days of constructive service credit to compensate for the eight to 14 months of service time he was wrongfully deprived due to Air Force administrative failures in processing his waiver and transfer request between 2012 and 2013. Despite meeting all requirements to make the year count toward his retirement, the Air Force’s error prevented him from earning the necessary 50 points for a complete year. While the AFBCMR has previously made minor adjustments, it has never fully corrected the injustice, leaving Major Coleman without the retirement protections he rightfully earned.

Thayer will emphasize that when a military correction board acknowledges an error, it is legally obligated to restore the service member to the position they would have been in but for the mistake. This case carries significant implications for service members who rely on correction boards to ensure fairness in military records and retirement eligibility.

Oral arguments will take place at the United States Court of Appeals for the District of Columbia Circuit and is listed on the court’s website: www.cadc.uscourts.gov.