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GEYEN v. MARSH

No. 84-4607.

775 F.2d 1303 (1985)

Calvin GEYEN, Jr., Plaintiff-Appellant, v. John O. MARSH, Jr., Secretary of the United States Army, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1985.

Attorney(s) appearing for the Case

Lonnie R. Smith, Bobbie J. Ross, Lake Charles, La., for plaintiff-appellant.

Barton F. Stichman, Washington, D.C., for Vietnam Veterans of America, amicus curiae.

Joseph S. Cage, U.S. Atty., D.H. Perkins, Jr., Shreveport, La., Wayne H. Price, Litigation Atty., Dept. of the Army, Dept. of the Judge Advocate Gen., HQDA, (DAJA-LTM), Marshall M. Kaplan, Washington, D.C., for defendant-appellee.

Before CLARK, Chief Judge, THORNBERRY and JONES, Circuit Judges.

OPINION

THORNBERRY, Circuit Judge:

Appellant Calvin Geyen filed suit in the United States District Court for the Western District of Louisiana seeking to have his Army discharge upgraded from undesirable to honorable. He alleges (1) that the Army violated the Constitution and its own regulations in involuntarily activating him in 1969 and twice denying him a hardship discharge in 1970, and (2) that the decision of the Army Board for Correction of Military...

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