No. 25-7187

Jernice Hamilton, aka Garnaris Hamilton v. United States

Lower Court: Federal Circuit
Docketed: 2026-04-14
Status: Pending
Type: IFP
IFP
Tags: administrative-law arbitrary-and-capricious due-process-clause military-discharge veterans-benefits void-ab-initio
Latest Conference: N/A
Question Presented (from Petition)

I. Whether a military separation is void ab initio when the Department of the Army fails to provide the mandatory 'Full and Fair Hearing "required by 10 U.S.C. 1214, based upon an official government record (VA BIRLS) erroneously reporting the service Member as 'Deceased?

II. Whether the government violates the Due Process Clause and 10 U.S.C. 1214 when it administratively declares a living service member "deceased," subsequently denying benefits based on "no-shows" for evaluations the Petitioner was legally barred from attending, and whether such a "state-created barrier" requires a mandatory finding of Constructive Active- Duty Service for the period of the error.

III. Whether a reviewing court commits reversible error by failing to apply the 5 U.S.C. 706 "Hard Look" standard —an omission conceded by the Government - thereby insulating a 38-year-old structural error (including five misdiagnoses and a false death report) from the full retroactive relief now mandated by Soto v. United States (2025).

IV Whether the Adamo Wrecking Doctrine and 5 U.S.C. 706 require a reviewing Court to set aside a military discharge as Void Ab Initio when the Government's own record admits the Petitioner met medical referral standards " prior to discharge "But was denied the mandatory " full and fair hearing " required by 10U.S.C.1214

Question Presented (AI Summary)

Whether a military separation is void ab initio when the Department of the Army fails to provide the mandatory 'Full and Fair Hearing' required by 10 U.S.C. § 1214 based on erroneous government records, and whether the government violates the Due Process Clause by administratively declaring a living service member 'deceased' and denying benefits, and whether reviewing courts must apply the 'Hard Look' standard under 5 U.S.C. § 706 to set aside such discharge

Docket Entries

2026-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2026)
2026-02-04
Application (25A876) granted by The Chief Justice extending the time to file until April 5, 2026.
2026-01-15
Application (25A876) to extend the time to file a petition for a writ of certiorari from February 4, 2026 to April 5, 2026, submitted to The Chief Justice.

Attorneys

Jernice Hamilton
Jernice Hamilton — Petitioner
United States
D. John SauerSolicitor General, Respondent