MEMORANDUM AND ORDER
THOMSEN, Senior District Judge.
Plaintiff is a former Army officer who was twice passed over for promotion to the rank of Major. As a result of the second non-selection for promotion he was honorably discharged from the Army under the provisions of 10 U.S.C. § 3303(d). In this action plaintiff alleges that the Army violated his rights to due process and equal protection for the following reasons:
1. Army promotion boards...
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