Court of Appeals for the Federal Circuit January 4, 2007, 06-5030, 06-5036 (Danny T. Barnes, Plaintiff-Cross v. United States)

MICHEL, Chief Judge.

This case concerns a Navy officer who was involuntarily discharged following his second non-selection for promotion, in accordance with 10 U.S.C. § 632(a). The government appeals from a final judgment of the United States Court of Federal Claims, reinstating Danny T. Barnes as a lieutenant, with back pay.