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POWELL v. MARSH

Civ. A. No. 82-1205.

560 F.Supp. 636 (1983)

Clifford POWELL, Plaintiff, v. John O. MARSH, Jr., Secretary of the Army, Defendant.

United States District Court, District of Columbia.

March 31, 1983.

Attorney(s) appearing for the Case

John H. Gullett of Gullett & Hines, Washington, D.C., for plaintiff.

Mitchell R. Berger, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and Royce C. Lamberth, Asst. U.S. Atty., Washington, D.C., were on brief and Charles R. Fulbruge, III, Chief of the Military Personnel Branch and John T. Burton of the Office of the Judge Advocate General, Washington, D.C., were of Counsel, for defendant.

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

In this suit, plaintiff seeks review of a decision by the Army Board for Correction of Military Records ("ABCMR" or the "Board") that he was only 10% disabled at the time of his discharge. The Court now has before it Defendant's Motion to Dismiss, or, in the Alternative for Summary Judgment, plaintiff's opposition thereto and the entire record herein. For the reasons set forth herein, the Court will grant...

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