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NETHERY v. ORR

Civ. No. 82-3309.

566 F.Supp. 804 (1983)

Donald NETHERY, Plaintiff, v. Verne ORR, Secretary of the Air Force, et al., Defendants.

United States District Court, District of Columbia.

June 30, 1983.

Attorney(s) appearing for the Case

Donald Nethery, pro se.

C.T. Neale, III of Hudgins & Neale, Newport News, Va., and Edward G. Modell of Blum, Parker & Nash, 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 LTC Richard R. James, Office of the Judge Advocate Gen., Washington, D.C., was of counsel, for defendants.

RICHEY, District Judge.

This matter is before the Court on defendants' motion to dismiss or for a judgment of affirmance of the decision of the Air Force Board for Correction of Military Records ("AFBCMR"), plaintiff's opposition thereto and the entire record herein. Defendants argue that plaintiff's claim is barred by the statute of limitations and even if not barred, should be denied because the AFBCMR decision was not arbitrary, capricious, an abuse of discretion...

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