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MAHONEY v. UNITED STATES

No. 83 Civ. 3869 (JES).

610 F.Supp. 1065 (1985)

Joseph J. MAHONEY, Plaintiff, v. The UNITED STATES of America and the Secretary of the Navy, Defendants.

United States District Court, S.D. New York.

June 14, 1985.

Attorney(s) appearing for the Case

Lester Lichter, White Plains, N.Y., for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Frederick M. Lawrence, Asst. U.S. Atty., Mark S. Pearlstein, LT., JAGC, USNR, Office of the Judge Advocate Gen., Litigation Div., Alexandria, Va., of counsel.

SPRIZZO, District Judge:

OPINION & ORDER

FACTS

This is an action for correction of military records brought pursuant to 10 U.S.C. § 1552 (1982). Plaintiff Joseph J. Mahoney served in the United States Marine Corps from October 6, 1953 until May 24, 1956. Mahoney received a bad conduct discharge as a result of a general court-martial ("GCM") conviction on March 10, 1955. The GCM found Mahoney guilty on two specifications of desertion and...

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