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(the Army followed the rules)CivilTrial court
Dudoit v. McCarthy
- Court
- District Court, District of Columbia
- Decided
- Oct 14, 2026
- Docket
- Civil Action No. 2020-0766
- Judges
- Magistrate Judge Moxila A. Upadhyaya
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
This decision ·
(the Army followed the rules)
- This is the first court to decide the case, so there's no lower-court ruling.
TL;DR
- 1The soldier alleges her separation from the Army was flawed due to irregularities in her drug testing.
- 2The court decided the Army did not violate any procedures in her discharge.
- 3The key reason was that the Army had evidence supporting their process and actions.
Key issues
- 1
Did the Army violate the rules in the discharge process?
Holding · No, the court found the Army followed the proper procedures.
- 2
Was the reasoning behind the discharge valid?
Holding · Yes, the court upheld the Army's findings.
Why it matters
This case affects military personnel seeking to understand their rights and the processes surrounding separations.
If you were the judge?
A soldier claims her discharge was unfair. Did the Army follow the rules?
- 1A U.S. Army Reserve Captain was discharged after testing positive for THC, but she claims the testing process was flawed.
- 2She argues that a lack of proper storage for the samples and irregularities in the urinalysis should nullify her discharge.
- 3The Court must decide if the Army followed proper procedures during her separation process.
Did the Army follow the rules when she was discharged?
Vote to earn 10 Verdict Points
Parties
Plaintiff
Dudoit
Defendant
McCarthy
Roles are inferred from the case caption.
Opinion of the court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GAYLE K. DUDOIT,
Plaintiff,
v. Civil Action No.
1:20-cv-766-MAU
ADAM TELLE, Acting Secretary of the
Army,
Defendant.1
MEMORANDUM OPINION
Plaintiff U.S. Army Reserve Captain Gayle K. Dudoit (âCapt. Dudoitâ or âPlaintiffâ) brings
this suit against Defendant Acting Secretary of the Army Adam Telle (âDefendant,â âthe Reserve,â
or âthe Armyâ), alleging the Army violated the Administrative Procedure Act in connection with
Plaintiffâs 2010 separation from the Reserve. Before the Court are Defendantâs Motion for
Summary Judgment and Plaintiffâs Cross-Motion for Summary Judgment. ECF Nos. 18, 20.2 For
the reasons set forth below, both motions are GRANTED in part and DENIED in part.
FACTUAL SUMMARY
I. Regulatory Background
Capt. Dudoitâs separation from the U.S. Army Reserve involved three Army boards: (i) a
Board of Inquiry (âBOIâ); (ii) the Army Discharge Review Board (âADRBâ); and (iii) the Army
Board for Correction of Military Records (âCorrection Boardâ or âthe Boardâ).
1
Pursuant to Federal Rule of Civil Procedure 25(d), the current Defendant has been
substituted for his predecessor.
2
All citations are to the page numbers in the ECF headers, except for the cites to the
Administrative Record, which are to the AR page stamp on the bottom right side of each page.
1
Before separation, an officer may convene a BOI to assess whether she should be retained.
10 U.S.C. § 14903(a). The BOIâs decision, however, is a recommendation only. § 14903(c). The
officerâs separation authority makes the ultimate decision as to whether to accept or reject the
BOIâs recommendation. Army Reg. 135-175 ¶ 2-3(a).3
After separation, an officer may seek review through the Army Review Boards Agency.
This agency houses several boards, including the ADRB and the Correction Board. Although these
two boards share similar responsibilities, they differ in two significant ways. First, the
uniformed-staffed ADRBâs scope of relief is narrower. The ADRB may change only the
characterization, reason, and authority for the discharge. See § 1553(b)(1). The civilian-staffed
Correction Board has greater authority as it may âcorrect an error or remove an injusticeâ in any
military record. § 1552(a)(1). Its scope of relief includes reinstatement, restoration of rank, and
service credit. See §§ 1552(a)â(d). Second, the Board sits above the ADRB and serves as the final
level of administrative review. § 1552(a)(4)(A).
II. Factual Background
A. Discharge
Capt. Dudoit served as the Executive Officer of Detachment 2, 1984th U.S. Army Hospital,
U.S. Army Reserve, in Hawaii. AR 244. On August 3, 2008, she submitted a specimen for a
routine unit urinalysis. Id. at 185. Eleven days later, a human resources officer notified Capt.
Dudoitâs unit commander, Lieutenant Colonel Elizabeth Asahara, that Capt. Dudoit tested positive
for 30 ng/mL of tetrahydrocannabinol (âTHCâ), twice the Armyâs 15 ng/mL limit. Id. at 100â01.
The HR officer simultaneously instructed LTC Asahara to initiate immediately a separation action
3
The operative version of Army Regulation 135-175 is the February 28, 1987 version.
2
against Capt. Dudoit pursuant to the Armyâs Substance Abuse Program, Army Regulation 600-85.4
Id. at 100 (citing Army Reg. 600-85 ¶ 2-10). Beginning on August 15, 2008, Capt. Dudoit
proceeded to submit results from five subsequent drug tests. Id. at 103â04. All were negative for
THC. Id. at 168.
Approximately two months later, Capt. Dudoitâs commanding general, Brigadier General
Alexander Kozlov, charged Capt. Dudoit with alleged illegal drug use and conduct unbecoming
an officer. Id. at 159. He ordered her to explain why she should be allowed to remain in the Army
Reserve given the initial positive test result. Id. Capt. Dudoit elected to appear before a BOI to
seek its independent recommendation regarding Brig. Gen. Kozlovâs allegations. Id. at 163. Capt.
Dudoitâs BOI convened on May 2, 2009. Id. at 116. The BOI heard testimony about the collection
of the specimen and chain of custody. Id. at 125â27. The BOI also heard testimony from the unit
prevention leader (âUPLâ) and the unit observer, the two Reservists who conducted the urinalysis.
Id. The unit observer testified that both she and Capt. Dudoit were present when the UPL sealed
Capt. Dudoitâs specimen with tamper-proof tape. Id. at 127. The UPL testified that she then placed
the specimen in a locked filing cabinet. Id. at 126, 141. Although the UPL testified that she had
not always accounted for the location of the filing cabinetâs key, the specimen showed no signs of
tampering, as the tamper-proof tape on Capt. Dudoitâs sample was intact just prior to testing. Id.
at 141â42.
For her part, Capt. Dudoit called several witnesses, including LTC Asahara and a clinical
psychologist with the Army Substance Abuse Program. Id. at 127â33. Both witnesses testified
that they had not seen Capt. Dudoit exhibit any substance abuse issues and recommended that the
Army retain her. Id.
4
The operative version of Army Regulation 600-85 is the March 24, 2006 version.
3
The BOI found both allegations from Brig. Gen. Kozlov were substantiated and
recommended separation with an other-than-honorable characterization. Id. at 109, 111. On July
14, 2009, Brig. Gen. Kozlov approved the BOIâs findings and recommendation. Id. at 179. Brig.
Gen. Kozlov, however, recommended the discharge be suspended for twelve months conditioned
on Capt. Dudoit participating in future drug testing and engaging in no further misconduct. Id.
That November, however, Brig. Gen. Kozlovâs superior rejected his recommendation, and Capt.
Dudoit was subsequently discharged under other-than-honorable conditions effective December 1,
2010. See id. at 545. At the time of her discharge, Capt. Dudoit had satisfied 18 years, 6 months,
and 11 days out of the 20 yearsâ service needed for her to qualify for non-regular retired pay. Id.
at 77; see § 12731(a)(2).
B. ADRB Application and Appeal
Following her discharge, Capt. Dudoit filed two applications with the ADRB. In her June
2012 ADRB application, Capt. Dudoit sought (i) vacatur of the discharge, (ii) removal of the other-
than-honorable characterization, (iii) reinstatement in the Reserve, (iv) removal of the drug-abuse
separation documents, and (v) restoration of pay and entitlements. AR 750. Capt. Dudoit focused
on irregularities in the urinalysis, such as the fact that the samples were kept in a regular locked
filing cabinet as opposed to a cabinet equipped with a full-height metal hasp and padlock with two-
key control and an access log, which is what was required by Army regulations. See id. at 758
(citing Army Reg. 600-85 app. E-10âE-12). Capt. Dudoit also submitted a January 4, 2011
memorandum from LTC Asahara stating that the unit lacked proper storage facilities for the
specimen. Id. at 923. The ADRB voted to deny her application on January 7, 2013, determining
that the discharge was âboth proper and equitable.â Id. at 741â44.
4
In July 2014, Capt. Dudoit filed a second application with the ADRB. Id. at 542. Among
other things, Capt. Dudoit emphasized that the Army failed to establish a chain of custody over the
filing cabinet key. See id. at 557â58. Capt. Dudoit included another letter from LTC Asahara, this
one from May 2013, stating that the âbreaks in the chain of evidence custodyâ counseled that she
should have ânullifiedâ the urinalysis. Id. at 540 (LTC Asahara: âIf I knew what I know now[,] I
would have voided the entire collection.â). Capt. Dudoit also submitted an August 2013 letter
from LTC Dennis McCoola, Detachment 2âs commander up until April 2004. LTC McCoola stated
that the August 2008 urinalysis appeared to violate Army Regulation 600-85âs storage and physical
security requirements. Id. at 211â12. LTC McCoola cited three deficiencies with the filing cabinet
in which Capt. Dudoitâs specimen was stored: the absence of a metal hasp, the lack of a chain of
custody for the key, and the cabinetâs placement in a common area. Id. He further suggested that
LTC Asaharaâs failure to conduct a âcommanderâs inquiry,â possibly because of her unfamiliarity
with Army Regulation 600-85, may have prevented the discovery of the collection and storage
discrepancies. Id. at 212. LTC McCoola said such an inquiry would likely have led LTC Asahara
to invalidate the test results. Id.
The ADRB granted Capt. Dudoit full relief within its authority in September 2014,
upgrading her discharge to âHonorableâ and changing the narrative reason to âSecretarial
Authority.â Id. at 86; see Army Reg. 635-200 ¶ 15-1 (prescribing âSecretarial Plenary Authorityâ
as appropriate âwhen no other provision of this regulation appliesâ). The ADRB noted that
ânotwithstanding the examinerâs Discussion and Recommendation,â the discharge was
âinequitableâ because of âthe circumstances surroundingâ itânamely, the manner in which
Reserve personnel conducted the urinalysis test, Capt. Dudoitâs otherwise positive record, and the
procedural errors during the BOI. AR 86. Because of its statutory limits, however, the ADRB did
5
not address Capt. Dudoitâs requests regarding the separation authority, reentry code, or grade. See
id. at 91; § 1553(b)(1).
C. Application and Appeal to the Correction Board
On November 7, 2014, Capt. Dudoit appealed to the Correction Board, requesting
reinstatement and a retroactive promotion to Major. See AR 289. Capt. Dudoit argued her case
âcontained errors in both propriety and equity.â Id. On September 25, 2015, however, the
Correction Board denied her application. Id. at 276. The Correction Board concluded there was
âno evidence and [Capt. Dudoit] provided insufficient evidenceâ that the BOI denied her due
process or departed from regulatory guidance. Id. at 275. The Board further stated that Capt.
Dudoitâs separation âwas accomplished in compliance with applicable law and regulation in effect
with no indication of procedural errors which would have jeopardized her rights.â Id. The
Correction Board also denied her a promotion on the ground that an officer removed from active
status before a promotion is final is removed from the promotion list and cannot be reinstated
absent a new selection board. Id.
Capt. Dudoit appealed to the Correction Board again in June 2016. Id. at 46. This time,
she alleged, among other things, procedural and evidentiary failures during the BOI hearing. See
id. at 53â61. Nearly three years later, on March 20, 2019, the Correction Board denied her appeal
in a one-paragraph decision. Id. at 43.
PROCEDURAL HISTORY
On March 18, 2020, Capt. Dudoit brought this suit under the Administrative Procedure Act
(âAPAâ). ECF No. 1 ¶ 1. She argued that the Correction Boardâs 2019 decision was arbitrary,
capricious, contrary to law, and unsupported by substantial evidence. Id. ¶¶ 72â76. Shortly after
she filed suit, the Parties jointly moved the Court to remand the case to the Board for further
6
reconsideration. ECF No. 7. The District Court granted the motion and adopted the Partiesâ
proposal verbatim, ordering the Correction Board to:
[F]ully consider and address the issues raised in Plaintiffâs complaint at paragraphs
73-75, including but not limited to her claims that:
1. The Board of Inquiry lacked substantial evidence to support its findings;
2. There were procedural irregularities at the Board of Inquiry (including lack
of favorable witnesses despite their availability);
3. There were irregularities in the urinalysis conducted on Plaintiff; and
4. Plaintiffâs unit commander was unaware of problems with the urinalysis
conducted on Plaintiff, otherwise [s]he would have nullified the results of
the urinalysis.5
The [Correction Board] will also fully consider during its review and
address in its recommendation:
1. The 2014 Army Discharge Review Board (âADRBâ) decision to grant relief
based on findings of urinalysis irregularities and conduct of the Board of
Inquiry; and
2. Evidence of the area commanderâs attempt to suspend Plaintiffâs discharge
contingent upon her submitting to random urinalysis testing.
In addition to addressing the existence of legal or factual error for all remand
items, the [Correction Board] will address whether any remand item, individually
or collectively, constitutes an injustice necessitating correction.
ECF No. 9 at 1â2 (âRemand Orderâ).
On November 13, 2020, the Board again denied relief. AR 1â15. This is the decision
under review. Capt. Dudoit subsequently amended her Complaint, arguing the Board: (i) issued a
decision that was arbitrary, capricious, contrary to law, and unsupported by substantial evidence
(âCount Iâ); (ii) failed to adequately consider the reasoning behind the 2014 ADRB decision in its
own 2020 decision (âCount IIâ); and (iii) failed to address whether the remand items individually
5
The Parties and the District Court refer to the unit commander using male pronouns, but
this appears to be an error. ECF Nos. 7, 9. Elsewhere, the Parties refer to Capt. Dudoitâs unit
commander, LTC Elizabeth Asahara, using female pronouns. E.g., ECF No. 18-1 at 23; ECF No.
20-1 at 19. Thus, the Court presumes âunit commanderâ refers to LTC Asahara.
7
or collectively amounted to an injustice warranting correction (âCount IIIâ). ECF No. 13 at 22â
27. The Parties have filed cross-motions for summary judgment. ECF Nos. 18, 20.
STANDARD OF REVIEW
The APA authorizes a reviewing court to set aside an agency action where it is âarbitrary,
capricious, an abuse of discretion, or otherwise not in accordance with law.â 5 U.S.C. § 706(2)(A).
The scope of that review âis narrow and a court is not to substitute its judgment for that of the
agency,â whose action is âentitled to a presumption of regularity.â Motor Vehicle Mfrs. Assân v.
State Farm Mut. Auto. Ins., 463 U.S. 29, 43 (1983); Citizens to Preserve Overton Park, Inc. v.
Volpe, 401 U.S. 402, 415 (1971). An agency need only have examined the relevant data and
articulated an explanation reflecting a ârational connection between the facts found and the choice
made.â State Farm, 463 U.S. at 43. The agencyâs decision need not âbe a model of analytic
precision,â and the court will uphold one of âless than ideal clarity if the agencyâs path may
reasonably be discerned.â Dickson v. Secây of Def., 68 F.3d 1396, 1404 (D.C. Cir. 1995) (citing
Bowman Transp. v. Arkansas-Best Freight Sys., 419 U.S. 281, 286 (1974)).
The Court reviews a decision of the Correction Board under an ââunusually deferential
application of the arbitrary or capricious standardââ of the APA. Cone v. Caldera, 223 F.3d 789,
793 (D.C. Cir. 2000) (quoting Kreis v. Secây of the Air Force, 866 F.2d 1508, 1514 (D.C. Cir.
1989)). This is because Congress authorized the Secretary of the Army to act through a civilian
board whenever he âconsiders it necessary to correct an error or remove an injusticeâ in a service
record. See § 1552(a)(1). The discretionary scope of that grant âsubstantially restrict[s] the
authority of the reviewing court to upset the Secretaryâs determination.â Kreis, 866 F.2d at 1514
(citation modified) (citing § 1552(a)(1)).
8
Against this statutory backdrop, the Courtâs task is to ensure the Correction Boardâs
decision âminimally contain[s] a rational connection between the facts found and the choice
made.â Frizelle v. Slater, 111 F.3d 172, 176 (D.C. Cir. 1997) (citing State Farm, 463 U.S. at 43).
A court does not substitute its own judgment for that of the Board. See, e.g., Kreis, 866 F.2d at
1511 (âThe Constitution vests â[t]he complex, subtle, and professional decisions as to the
composition, training, equipping, and control of a military forceâ exclusively in the legislative and
executive branches.â (quoting Gilligan v. Morgan, 413 U.S. 1, 10 (1973))). An agency decision
fails, however, if it is âutterly unreviewable and simply lacks reasons that a court can measure
against the arbitrary or capricious standard of the APA.â Coburn v. McHugh, 679 F.3d 924, 934
(D.C. Cir. 2012) (quotations and citation omitted). Accordingly, the Court need not defer to a
âlargely incomprehensibleâ decision that âlacks any coherence.â Id. at 926, 934 (citing Tripoli
Rocketry Assân v. ATF, 437 F.3d 75, 77 (D.C. Cir. 2006)).
ANALYSIS
I. The Correction Board Failed to Evaluate Whether Any Remand Item,
Individually or Collectively, Constituted an Injustice Requiring Correction.
In their joint motion for remand, the Parties requested that the District Court remand the
case to the Correction Board to consider six issues. ECF No. 7. In joining in that request,
Defendant agreed that: âIn addition to addressing the existence of legal or factual error for all
remand items, the [Correction Board] will address whether any remand item, individually or
collectively, constitutes an injustice necessitating correction.â Id. at 2 (emphasis added). The
District Court adopted the Partiesâ language verbatim and ordered the Correction Board to consider
the injustice question. ECF No. 9 at 2.
Capt. Dudoit now claims that the Board failed to address this issue on remand. ECF No.
20-1 at 39. Specifically, she argues that the Board failed to address the language of the Remand
9
Order requiring it âto look beyond âlegal or factualâ error to consider these items under an injustice
analysis.â Id. at 40. Defendant makes a half-hearted attempt to defend the Boardâs analysis,
arguing that the Board did adequately fulfill its charge. See ECF No. 18-1 at 25; ECF No. 24 at 8,
10â12. The only language to which Defendant points that even comes close, however, is the
Boardâs statement that the âevidence presented [did] not demonstrate the existence of a probable
error or injustice.â ECF No. 18-1 at 24. This one-line conclusion was simply not sufficient to
comply with the Remand Order.
After it considered each of the six discrete remand items, the District Court ordered the
Correction Board to also consider whether any of those items, âindividually or collectively,â
constituted an âinjustice.â ECF No. 9 at 1â2. This is its own, separate charge and clearly not
meant to be subsumed in the discussion of the preceding six remand items. Id. at 2 (âIn addition
to addressing the existence of legal or factual error for all remand items . . . .â) (emphasis added).
Moreover, although âinjusticeâ is not defined in the Remand Order, its statutory underpinnings
and context within the Order provide a definition. âInjusticeâ has a predetermined meaning in the
context of correction to military records. See § 1552(a)(1) (authorizing the Correction Board to
âcorrect an error or remove an injusticeâ). The term may extend beyond whether something was
a legal or factual error. In fact, under the injustice standard, the Board may find that a record
correction must be made independent of the presence of error. See id. (âcorrect an error or remove
an injusticeâ) (emphasis added); Knehans v. Alexander, 566 F.2d 312, 318 n.14 (D.C. Cir. 1977)
(Robinson, J., dissenting) (defining injustice under § 1552 as âtreatment by the military authorities,
that shocks the sense of justice, but is not technically illegalâ where also not âerrorâ (citing Reale
v. United States, 208 Ct. Cl. 1010, 1011 (1976))).
10
Accordingly, it is clear from the Remand Order that, after considering the six enumerated
remand items: (i) the Correction Board was required to perform a separate, distinct analysis about
injustice; (ii) the Correction Board was required to consider whether any of the remand items
constituted an injustice on their own or âcollectivelyâ; and (iii) the term âinjusticeâ assumes that
any of the other six remand items may not constitute a legal or factual error but that a correction
may nonetheless be required.
The Board failed to satisfy this charge. Throughout its three-page analysis, the Board fails
to devote any meaningful analysis or consideration to the question of injustice. See AR 12â14. In
fact, the Board only uses the word twice. The Board includes one mention of âinjusticeâ within
its Discussion section to note that the 2014 ADRB âdemonstrate[d] by a preponderance of evidence
an error or injustice warranting the requested relief.â Id. at 12. And in its conclusion, the Board
adds the boilerplate line on which Defendant relies: that â[t]he evidence presented does not
demonstrate the existence of a probable error or injustice.â Id. at 15. This conclusory statement
fails to reflect any analysis or discussion, let alone a meaningful one, about whether any of the
other remand items, together or alone, constitute an âinjustice.â
Defendant awkwardly argues that â[t]here is no evidence that the Board failed to consider
whether an injustice necessitated correction here.â ECF No. 18-1 at 25. This makes little sense.
The Remand Order required the Board to affirmatively âaddress,â not simply implicitly
âconsider,â the question of injustice. ECF No. 9 at 2 (emphasis added). Moreover, Defendant is
effectively arguing that, in the absence of an explicit statement that something was considered, the
Court should presume it was. That argument fundamentally misunderstands an agencyâs
obligation to rationally connect facts with its conclusion. See Dickson, 68 F.3d at 1404 (Correction
Board decisions must âminimally contain a rational connection between the facts found and the
11
choice madeâ (quotation omitted)). Indeed, it is a ââfundamental rule of administrative lawâ that a
court reviewing an agencyâs decision âmust judge the propriety of [agency] action solely by the
grounds invoked by the agency.ââ Poole v. Harvey, 571 F. Supp. 2d 120, 126 (D.D.C. 2008)
(quoting SEC v. Chenery Corp., 332 U.S. 194, 196 (1947)).
Because no discernible discussion exists, the Court cannot determine whether the
Correction Board considered the injustice question at all. See Dickson, 68 F.3d at 1405â06; Kreis,
866 F.2d at 1514â15 (holding that a Correction Board decision fails under the APA when it lacks
âreason[s] that a court can measureâ). Accordingly, the Court grants summary judgment in favor
of Plaintiff on Count III. The Court further remands to the Correction Board to consider and
address the question of injustice in the Remand Order in the first instance.
II. The Correction Boardâs Conclusions Regarding the Urinalysis and LTC
Asaharaâs Statements Were Neither Arbitrary, Capricious, an Abuse of
Discretion, nor Contrary to Law.
Capt. Dudoit next claims that the Correction Boardâs decision regarding the urinalysis was
arbitrary, capricious, an abuse of discretion, or contrary to law. ECF No. 20-1 at 31. Capt. Dudoit
essentially makes two arguments. First, she argues the Board failed to address additional
irregularities in the urinalysis beyond the lack of a filing cabinet hasp. Id. at 32. Second, she
claims the Board also failed to address whether LTC Asahara, as unit commander, had the authority
to invalidate the urinalysis and would have done so in light of those irregularities. Id. at 36â37.
Defendant argues the Board adequately addressed both. ECF No. 24 at 7â8. Based on a review
of the Boardâs decision, the Board provided a rational connection between the record and its
conclusions.
According to Capt. Dudoit, the Board failed to specifically address two irregularities that
would compromise the urinalysis sample: that the samples were stored in an unsecured location,
12
and that Defendant failed to record or control who had possession of the filing cabinet key. See
ECF No. 20-1 at 32. In its decision, the Board acknowledged that the Reserve should have stored
the specimen in a locked filing cabinet with a full-body, metal bar hasp pursuant to Army
Regulation 600-85. See AR 13. But the Board found that this error did not render Capt. Dudoitâs
positive test result invalid because the specimen was otherwise secure. Id. Indeed, the Board
found no indication of tampering. See id. (citing Army Reg. 600-85 app. E-11 (âIn no case will
failure to comply with the provisions of this [standard operating procedure] be used to invalidate
an otherwise valid and legally sufficient adverse administrative or disciplinary action.â)). The
Board further noted that the first subsequent urinalysis Capt. Dudoit took twelve days after the
original test did not invalidate the initial positive result. Id. The Board, thus, appropriately
reasoned that the additional irregularities did not alter Capt. Dudoitâs positive urinalysis result.
Capt. Dudoit next argues that the Board failed to grapple with evidence from LTCs Asahara
and McCoola showing that LTC Asahara, as unit commander, could and would have nullified the
urinalysis. ECF No. 20-1 at 32â35. Regarding whether LTC Asahara could have nullified the
urinalysis test, the Remand Order did not require the Board to consider that question. The Board
was instead required to consider the claim that âPlaintiffâs unit commander was unaware of
problems with the urinalysis conducted on Plaintiff, otherwise [s]he would have nullified the
results of the urinalysis.â ECF No. 9 at 1 (emphasis added). As to whether LTC Asahara would
have nullified the test, the Board found it âunlikely, though ultimately speculative, that the unit
commander would have nullified the results solely on the basis that [Capt. Dudoitâs specimen was]
stored in a filing cabinet not fitted with a metal hasp bar.â AR 13. The Board then weighed that
evidence with the other facts in the record such as the absence of tampering, the otherwise secure
13
storage, and the positive test result itself. Id. The Board found that, collectively, the evidence
surrounding the specimenâs storage outweighed LTCs Asahara and McCoolaâs statements. See id.
Capt. Dudoit takes issue with the Boardâs characterization of LTC Asaharaâs claims as
âspeculative.â ECF No. 26 at 8â9. Capt. Dudoit notes that LTC Asahara âwas speaking to her
own knowledge and authority with clear certainty, not opining.â See id. at 9 (citing BLACKâS LAW
DICTIONARY 668 (3d pocket ed. 2006) (defining âspeculativeâ as â[t]he act or practice of theorizing
about matters over which there is no certain knowledgeâ)). But Capt. Dudoit has not identified
any error under the applicable deferential standard. Here, the Board did not appear to doubt the
veracity of LTC Asaharaâs statements. The Board instead cast doubt on the certainty of her
statement about a theoretical decision she never made five years earlier. Put simply, the Board
was skeptical that the LTC Asahara of 2008 would have done what the LTC Asahara of 2013 said
she would have done. The record does not contradict this characterization, and the Boardâs path
may reasonably be discerned. See Dickson, 68 F.3d at 1404; Coburn v. McHugh, 77 F. Supp. 3d
24, 31 (D.D.C. 2014), affâd sub nom. Coburn v. Murphy, 827 F.3d 1122 (D.C. Cir. 2016)
(â[P]laintiffâs disagreement with [a Board] decision is not a valid basis for this Court to set aside
an agency action supported by the record.â). The Boardâs conclusion is, therefore, sufficient under
the APA.
Capt. Dudoit also argues that the Board erred because it failed to cite LTC Asaharaâs 2013
statement. ECF No. 26 at 8. This argument also fails. Even if an agency decision is not a âmodel
of analytic precision,â the Court must nevertheless affirm the decision âif the agencyâs path may
reasonably be discernedâ by completing âthe critical stepâconnecting the facts to the conclusion.â
Dickson, 68 F.3d at 1404â05 (quoting Bowman Transp., 419 U.S. at 286); see Albino v. United
States, 78 F. Supp. 3d 148, 165 n.12 (D.D.C. 2015) (discerning the evidentiary basis of a Correction
14
Board decision even though it did ânot specifically identify the evidence on which it reliedâ). To
be sure, the Board never mentions LTC Asahara by name. AR 13. But the Board clearly references
LTC Asahara through her role (âunit commanderâ) and by responding to her statement that she
would have nullified the urinalysis. Id. Accordingly, the Board sufficiently considered the facts
before itâa unit commanderâs later statements, her opinion that she would have nullified the
urinalysis, and the otherwise secure storage of the specimenâand connected those facts to its
ultimate conclusion on those facts in reaching its decision. See Dickson, 68 F.3d at 1404.
Because the Correction Boardâs decision as to its review of the urinalysis was not arbitrary,
capricious, or contrary to law, the Court grants summary judgment in favor of Defendant on
Count I.
III. The Correction Board Adequately Considered the 2014 ADRB Decision.
Finally, Capt. Dudoit argues the Board failed to adequately address the ADRBâs 2014
decision. ECF No. 20-1 at 38. She claims the Correction Board merely parroted the decision
instead of engaging with the ADRBâs reasoning. Id. Defendant disagrees, arguing that the Board
adequately reviewed the ADRBâs factual findings, reasoning, and limited remedial authority. ECF
No. 24 at 9. Because the Board weighed the ADRBâs evidence and findings and relied on them to
reach its own conclusion, Capt. Dudoit fails to show the Board erred.
The District Court instructed the Board to âfully consider during its review and address in
its recommendation . . . [t]he 2014 [ADRB] decision to grant relief based on findings of urinalysis
irregularities and conduct of the [BOI].â ECF No. 9 at 2. To examine the 2014 ADRB decision,
the Board began by identifying the ADRBâs comparatively limited authority. AR 14. The Board
then determined that the ADRB likewise found that Capt. Dudoitâs discharge was not the result of
prejudicial error. Id. Rather, according to the Board, irregularities in Capt. Dudoitâs urinalysis and
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the âconduct of the BOIâ6 âpersuadedâ the ADRB that her discharge was âoverly harsh.â See id.
Consequently, the Board reasoned, the ADRB believed the discharge to be âinequitableâ and
subsequently upgraded it to honorable status. See id. The Board noted that the upgrade was the
extent of the ADRBâs authority. Id. In its own analysis, however, the Board found the BOI did
not prejudicially harm Capt. Dudoit because the evidence and testimony presented supported the
BOIâs findings. Id. The Board further determined that Capt. Dudoitâs defense counsel called
favorable witnesses, some of whom testified about the deficiencies in specimen storage and the
chain of custody for the filing cabinet key. Id. at 13â14. Under the Remand Order, this was all
that was required of the Board. See ECF No. 9 at 2.
Capt. Dudoitâs argument also fails on the record. She argues that the Board failed to engage
with the urinalysis irregularities or LTC Asaharaâs statement that were key to the ADRBâs 2014
decision. ECF No. 20-1 at 39. âQuoting poorly articulated passages from an agency decision is
insufficient to demonstrate that the agencyâs action violated the APA, particularly when the passage
is cited in isolation without consideration of the full record.â Hisgen v. Fanning, 208 F. Supp. 3d
186, 199 (D.D.C. 2016). In the paragraph preceding its discussion of the ADRB, the Board
concluded that Capt. Dudoitâs contentions regarding insufficient evidence and procedural
irregularities at the BOI were outweighed by the record, which showed she was represented by
counsel, presented favorable witnesses, and was not prevented from calling others. AR 13â14.
Indeed, the Board concluded that the BOIâs findings and recommendation were supported by a
6
Among other things, the ADRB concluded the âconduct of the BOIâ warranted a discharge
upgrade. AR 436. Yet, the ADRB did not explain how the BOIâs conduct mitigated the discharge.
See id. at 430â38. In fact, the ADRB found no evidence to suggest that Capt. Dudoitâs BOI was
conducted contrary to Army regulations or that she was otherwise deprived of due process. Id. at
435. This inconsistency is of no moment, however, as the Correction Board sits independent of
the ADRB. See 32 C.F.R. § 581.3(g)(2). Moreover, the Correction Board adequately conducted
its own analysis of the BOIâs conduct and decision.
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preponderance of the evidence and that Capt. Dudoit did not show any error materially affecting
her rights. Id. Just before this, the Board analyzed the urinalysis irregularities and LTC Asaharaâs
memorandum. Id. at 13; see Section II. Read together, the Board defined the scope of the ADRBâs
authority, acknowledged the ADRBâs findings and the favorable evidence supporting the upgrade,
and separately addressed the urinalysis irregularities and LTC Asaharaâs memorandum. See AR
13â15. The Board then noted that the ADRB had found the discharge not improper, consistent
with its own conclusion, and denied Capt. Dudoitâs request for relief. See id. at 12, 14â15. This
analysis satisfies the APA. See Dickson, 68 F.3d at 1404â05. As such, the Court grants summary
judgment in Defendantâs favor on Count II.
CONCLUSION
For the foregoing reasons, Plaintiffâs Cross-Motion for Summary Judgment is GRANTED
as to Count III and DENIED as to Counts I and II. Defendantâs Motion for Summary Judgment
is GRANTED as to Counts I and II and DENIED as to Count III. The Court REMANDS this
case to the Board for further consideration consistent with this opinion.
Date: October 14, 2026
___________________________________
MOXILA A. UPADHYAYA
UNITED STATES MAGISTRATE JUDGE
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