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SMITH v. MARSH

No. 85-1814.

787 F.2d 510 (1986)

James B. SMITH, Plaintiff-Appellee, v. John O. MARSH, Jr., Secretary of the Army, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 26, 1986.

Attorney(s) appearing for the Case

Major Wayne H. Price, Office of The Judge Advocate General, Dept. of Army (Lieutenant Colonel Joyce E. Peters, Office of The Judge Advocate General, Dept. of Army, Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, and Robert N. Miller, U.S. Atty., D. of Colo., with him on briefs), Washington, D.C., for defendants-appellants.

Alan H. Friedman, Boulder, Colo., and Barton F. Stichman of Vietnam Veterans of America Legal Services, Washington, D.C., for plaintiff-appellee.

Before BARRETT, McKAY and TACHA, Circuit Judges.

McKAY, Circuit Judge.

John Smith received an undesirable discharge from the United States Army on January 4, 1972. More than eight years later, on August 25, 1980, Mr. Smith applied to the Army Discharge Review Board1 to have his discharge upgraded to honorable. The ADRB voted unanimously to deny relief to Mr. Smith. Mr. Smith then applied to the Army Board for Correction of Military Records

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