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DOUGHERTY v. U.S. NAVY BD. FOR CORR. OF NAVAL REC.

No. 85-5120.

784 F.2d 499 (1986)

Francis DOUGHERTY, Sr., Appellant, v. U.S. NAVY BOARD FOR CORRECTION OF NAVAL RECORDS.

United States Court of Appeals, Third Circuit.

Decided March 3, 1986.

As Amended March 26, 1986.

Attorney(s) appearing for the Case

Fredric J. Gross (argued), Mt. Ephraim, N.J., for appellant.

W. Hunt Dumont, U.S. Atty., Louis J. Bizzarri (argued), Asst. U.S. Atty., Trenton, N.J. (Mark S. Williams, Dept. of Navy, Office of Judge Advocate General, on brief), for appellee.

Before GARTH, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Plaintiff, Francis Dougherty, Sr., brought this action in the United States District Court for the District of New Jersey challenging a determination of defendant, United States Navy Board for Correction of Naval Records ("BCNR"). In light of a recent decision by the United States Court of Appeals for the Fifth Circuit, which was not available to the district court at the time of its decision,

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