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BURNS v. MARSH

No. 86-2841.

820 F.2d 1108 (1987)

Charles P. BURNS, Plaintiff-Appellant, v. John O. MARSH, Jr., individually and as Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Charles P. Burns, San Francisco, Cal., for plaintiff-appellant.

Paul K. Cascio, Washington, D.C., for defendant-appellee.

Before WALLACE, TANG and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Charles P. Burns appeals from the district court's summary judgment in favor of John O. Marsh, Jr., individually and as Secretary of the Army. The district court determined that the Army Board for Correction of Military Records (ABCMR) had not acted arbitrarily or capriciously when it refused, without a hearing, to make changes in Burns' service record, and that its decision was supported by substantial evidence. We have jurisdiction...

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