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WEIR v. UNITED STATES

No. 358-69.

474 F.2d 617 (1973)

Donald S. WEIR, Jr. v. The UNITED STATES.

United States Court of Claims.

February 16, 1973.

Attorney(s) appearing for the Case

Carl J. Felth, Washington, D.C., attorney of record for plaintiff.

James F. Merow, Washington, D.C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

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

OPINION

KUNZIG, Judge:*

In issue in this military pay case is whether the refusal of the Army Board for the Correction of Military Records (the Board) to upgrade plaintiff's "discharge under conditions other than honorable", is an error of law, where plaintiff is a fully competent, adult soldier with self-confessed homosexual tendencies, confirmed by psychiatric evaluation.

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