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KENDALL v. ARMY BD. FOR CORR. OF MILITARY RECORDS

No. 91-5020.

996 F.2d 362 (1993)

Paul Lawrence KENDALL, Appellant, v. ARMY BOARD FOR CORRECTION OF MILITARY RECORDS.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1993.

Attorney(s) appearing for the Case

Eugene R. Fidell, Washington, DC (amicus curiae) (appointed by the Court), argued the cause, for appellant.

David B. Orbuch, Asst. U.S. Atty., Washington, DC, argued the cause, for appellee. With him on the brief, were Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Before MIKVA, Chief Judge; WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Chief Judge MIKVA.

SENTELLE, Circuit Judge:

In the District Court, Kendall sought review of his court-martial and subsequent refusal of the Army Board for Correction of Military Records to upgrade his dishonorable discharge or consider his claims on the merits. The District Court dismissed his complaint on grounds that it lacked jurisdiction and venue over appellant...

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