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DETWEILER v. PENA

No. 93-5214.

38 F.3d 591 (1994)

George H. DETWEILER, Jr., LCDR, USCG (Ret.), Plaintiff-Appellant, v. Federico F. PENA, Secretary of Transportation, Defendant-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 1994.

Attorney(s) appearing for the Case

Eugene R. Fidell, Washington, DC, argued the cause and filed the briefs for appellant George H. Detweiler, Jr.

Michael J. Ryan, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Atty., R. Craig Lawrence, Michael T. Ambrosino, and John D. Bates, Asst. U.S. Attys.

Before WALD, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This appeal arises from former Lieutenant Commander Detweiler's action in the district court seeking review of a decision by the Coast Guard Board for the Correction of Military Records ("BCMR") dismissing his application as untimely. The district court upheld the BCMR's determination that the tolling provision found in § 205 of the Soldiers' and Sailors' Civil Relief Act of 1940...

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