DUHON v. UNITED STATES

No. 397-69.

461 F.2d 1278 (1972)

Claiborne J. DUHON, Jr. v. The UNITED STATES.

United States Court of Claims.

June 16, 1972.


Attorney(s) appearing for the Case

Neil B. Kabatchnick, Washington, D. C., attorney of record, for plaintiff.

Karen A. Berndt, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant. J. Lawrence Heizmann and Christine O. Cook, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.


ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge.

The question before us in this case is whether the failure of the Air Force Board for the Correction of Military Records (AFBCMR) to change plaintiff's record to reflect a return to a reserve commission status was arbitrary and capricious. We hold that it was.

Plaintiff served in both enlisted and officer status in the Air Force during World War II. He was released...

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