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FRIZELLE v. SLATER

No. 95-5248.

111 F.3d 172 (1997)

Michael K. FRIZELLE, Appellant v. Rodney E. SLATER, Secretary of Transportation, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1997.

Attorney(s) appearing for the Case

Eugene R. Fidell, Washington, DC, argued the cause and filed the briefs, for appellant.

Michael J. Ryan, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Paul S. Smith, Senior Trial Attorney, U.S. Department of Transportation, were on the brief for the appellee. Michael T. Ambrosino, Assistant U.S. Attorney, entered an appearance.

James J. Kelley, Washington, DC, was on the brief for amicus curiae National Veterans Legal Services Program.

Before: WALD, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Michael Frizelle petitioned the district court for review of a decision of the Secretary of Transportation, acting through the Coast Guard Board of Correction of Military Records. He challenged the Board's failure to delete several disparaging comments in an Officer Evaluation Report ("OER") that he received early in his career as a Coast Guard officer, and its decision not to delete...

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