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GRUENDYKE v. UNITED STATES

No. 514-78.

639 F.2d 745 (1981)

Richard L. GRUENDYKE v. The UNITED STATES.

United States Court of Claims.

January 14, 1981.

Attorney(s) appearing for the Case

Paul A. Kiefer, Washington, D. C., attorney of record, for plaintiff.

Louis R. Davis, with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before COWEN, Senior Judge, KUNZIG and SMITH, Judges.

KUNZIG, Judge:

We are again confronted with a suit by a former military officer who, as a result of being passed over for promotion, allegedly on the basis of defective officer effectiveness reports (OERs), was released from active duty. The question presented in this case is whether the action of the Air Force Board for Correction of Military Records (Corrections Board) denying plaintiff's relief was arbitrary, capricious, unsupported by substantial evidence, or...

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