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BALLENGER v. MARSH

No. 82-2504.

708 F.2d 349 (1983)

Karl BALLENGER, Appellant, v. John O. MARSH, Jr., Secretary of the Army, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1983.

Attorney(s) appearing for the Case

Toby H. Hollander, St. Louis, Mo., for appellant.

Robert G. Ulrich, U.S. Atty., Larry D. Coleman, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before LAY, Chief Judge, ROSS and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Karl Ballenger was convicted of sodomy by an Army Court Martial on July 28, 1923. His conviction was reviewed and upheld by a Staff Judge Advocate on August 6, 1923, and by a Board of Review on September 11, 1923.1 Ballenger was dishonorably discharged on September 21, 1923. In 1959, he asked the Army Board of Correction of Military Records (ABCMR) to change his dishonorable...

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