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MUSENGO v. WHITE

No. 00-5347.

286 F.3d 535 (2002)

James MUSENGO, Appellant, v. Thomas E. WHITE, Secretary of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 2002.

Attorney(s) appearing for the Case

Charles W. Gittins argued the cause and filed the briefs for appellant.

Diane M. Sullivan, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: SENTELLE, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Plaintiff James Musengo challenges the Army's refusal to remove an Officer Evaluation Report from his military record. The District Court granted summary judgment against Musengo, concluding that the Army Board for Correction of Military Records did not act arbitrarily or capriciously in refusing to expunge the report. We affirm.

I

Musengo is currently a major in...

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