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SMITH v. HARVEY

No. 05-1873.

458 F.3d 669 (2006)

Robert G. SMITH, Plaintiff-Appellant, v. Francis J. HARVEY, Secretary of the Army, and the Army Board for Correction of Military Records, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2006.

Attorney(s) appearing for the Case

Meg Vergeront (argued), Stafford Rosenbaum, Madison, WI, for Plaintiff-Appellant.

Steven Pray O'Connor (argued), Office of the United States Attorney, Madison, WI, for Defendants-Appellees.

Before ROVNER, WOOD, and EVANS, Circuit Judges.

WOOD, Circuit Judge.

Dr. Robert Smith, a retired ophthalmologist who formerly served in the U.S. Army's Medical Service Corps, believes that he is entitled to constructive service credit for a long-ago completed master's degree. The Army Board for Correction of Medical Records (ABCMR), to which the Secretary of the Army has delegated the responsibility to decide such claims, disagreed and denied his request. The district court granted summary judgment for the Secretary...

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