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DOE v. RICE

Civ. No. 91-1169CCC.

776 F.Supp. 633 (1991)

John DOE; and Local 3936 of the American Federation of Government Employees, Plaintiffs, v. Honorable Donald RICE, Secretary of the United States Air Force; Lt. General Conaway, Chief of the National Guard Bureau; Puerto Rico Air National Guard; William Miranda-Marin, the Adjutant General of the Commonwealth of Puerto Rico; Colonel Manuel A. Guzman of the Puerto Rico Air National Guard; Colonel Gilberto Colon, as Personnel Officer of the Puerto Rico Air National Guard; all Officials in Their Individual and Official Capacity, Defendants.

United States District Court, D. Puerto Rico.

November 6, 1991.

Attorney(s) appearing for the Case

Nora Vargas-Acosta, Vargas & Ramirez Law Offices, Rio Piedras, P.R., for plaintiffs.

Asst. U.S. Atty. Fidel Sevillano-del-Rio, Daniel F. López-Romo, U.S. Atty., Mayra Maldonado-Colón, Atty., Héctor Rivera-Cruz, Secretary of Justice, Antonio Fiol Matta, Director, Fed. Litigation Div., Comm. of P.R., for defendants.

OPINION AND ORDER

CEREZO, District Judge.

The Court has before it the threshold issue of whether the administrative remedies available to plaintiff before the Air Force Board for Correction of Military Records (AFBCMR) are indeed futile, allowing us to entertain his claim before the same are exhausted. The matter was left unresolved in our Opinion and Order of June 6, 1991 769 F.Supp. 440

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