In Brief
A career military surgeon sought relief claiming she was unfairly denied promotion to Surgeon Vice Admiral due to improper annual confidential reports (ACRs). She challenged the retrospective application of a 2009 Navy Order that invalidated certain assessments made before the order's effective date. The Supreme Court upheld the Tribunal's dismissal of her complaint, holding that while the retrospective application of the Navy Order may be ordinarily improper, she suffered no prejudice since her comparative merit position remained unsuitable for promotion regardless of the disputed assessments. The Court reiterated that procedural violations alone do not warrant interference unless the affected party demonstrates actual prejudice."
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