BURKINS v. U.S.

Nos. 96-1132, 96-1208.

112 F.3d 444 (1997)

Lee C. BURKINS, Plaintiff — Appellee, v. UNITED STATES of America; The National Guard Bureau, Lt. Gen. John B. Conaway, Director; United States Department of the Army, Togo D. West, Secretary; Army Board for Correction of Military Records, David Kinneer, Executive Secretary, Defendants — Appellants, and John L. Patrick, Jr.; Douglas Tom, Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 20, 1997.


Attorney(s) appearing for the Case

Mary K. Doyle (Barbara C. Biddle with her on the briefs), Attorneys, Department of Justice, Washington, DC, for Appellants.

Eva Camacho Woodard, Law Office of Eva Camacho Woodard, Lakewood, CO, for Appellee.

Before ANDERSON, LUCERO, and MURPHY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Appellee Lee C. Burkins sued the United States; the National Guard Bureau, Lieutenant General John B. Conaway, Director; the Department of the Army, Togo D. West, Secretary; and the Army Board for Correction of Military Records (ABCMR), David Kinneer, Executive Secretary (collectively the Defendants) in federal district court seeking a writ of mandamus ordering the ABCMR to correct his military records to reflect that he received...

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