Voegeli v. Phelan — D.C. Cir. (Sep 23, 2026)
The District of Columbia Circuit hears retired Navy reservist Nicholas Voegeli's appeal over a heroism medal. In 1992, he swam through rough water to save a sailing student. He received a Coast Guard commendation, then sought the Navy and Marine Corps Medal. Navy rules require two detailed eyewitness statements for that medal. Voegeli says they accompanied his earlier nomination, but the statements are now missing. His former executive officer swore he had seen them; the surviving commendation describes the rescue only briefly. The Navy's records-correction board refused to fill the gap, and a federal judge upheld its decision. Voegeli will argue that the board cannot reject a request simply because the missing records are the ones he asked it to correct. He invokes Haselwander, an earlier case where this court faulted a military board for demanding a missing medical record despite extensive other evidence. The Navy will argue that the remaining materials lack the firsthand detail needed to assess a medal. The judges also probe how far the board's statutory duty to seek missing military records extends.
Voegeli v. Phelan (No. 25-5257) — U.S. Court of Appeals for the D.C. Circuit, argued September 23, 2026.
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