Clifford v. United States

120 Fed. Appx. 355 (2005)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Clifford v. United States

United States Court of Appeals for the Federal Circuit
120 Fed. Appx. 355 (2005)

Facts

Mark A. Clifford (plaintiff), an army recruiter, was accused of sexually assaulting a prospective recruit, leading to civilian and military proceedings against him. Clifford’s commander recommended that he be dishonorably discharged. Clifford appealed the recommendation and requested a hearing before the administrative-separation board. The board scheduled a hearing for January 22, 1999, and Clifford requested a six-week delay of the hearing. The board denied the request but granted a two-week delay and rescheduled the hearing for February 3, 1999. During the two-week delay, Clifford decided to proceed without military counsel and instead hired a civilian attorney who was unavailable to attend a hearing until after June 1, 1999. Clifford’s expired-time-of-service (ETS) date was May 26, 1999. The civilian attorney requested that the hearing be delayed until after June 1, and the board denied the request. Clifford attended the February 3 hearing without counsel, and the board recommended that he receive an other-than-honorable discharge. Clifford later filed suit in the United States Court of Federal Claims, requesting that the court set aside his discharge characterization and arguing that his right to due process had been violated because, among other things, he had been denied the right to legal representation at the hearing. The court denied Clifford’s request, and Clifford appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership