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KIDWELL v. DEPARTMENT OF ARMY

No. 94-5149.

56 F.3d 279 (1995)

Billy Ray KIDWELL, Appellant v. DEPARTMENT Of the ARMY, BOARD FOR CORRECTION OF MILITARY RECORDS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 1995.

Attorney(s) appearing for the Case

Christopher G. Smith, appointed by the court, Washington, DC, argued the cause for appellant. With him on the briefs was Charles F. Lettow, Washington, DC.

Marina U. Braswell, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Atty., and R. Craig Lawrence, Asst. U.S. Atty., Washington, DC. John D. Bates, Asst. U.S. Atty., Washington, DC, entered an appearance.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

TATEL, Circuit Judge:

Billy Ray Kidwell asked the Army Board for Correction of Military Records to change his military files to indicate a "medical" discharge rather than the general discharge they now reflect. When the Board refused, Kidwell filed suit in the district court under the Administrative Procedure Act. The district court dismissed his suit, concluding that Kidwell's claim was, in essence, one for money damages that he must bring in the Court of Federal...

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