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GEYEN v. MARSH

No. 84-4607.

782 F.2d 1351 (1986)

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.

February 20, 1986.

Attorney(s) appearing for the Case

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

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

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

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

ON PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING EN BANC

(Opinion November 5, 1985, 5th Cir.1985, 775 F.2d 1303)

PER CURIAM:

In its petition for rehearing the Army contends that our holding opens to judicial review decisions by the Board for Correction of Military Records (BCMR) concerning events long past. In response to this concern, we emphasize the narrow scope of that review. Board decisions can be...

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