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ALLEN v. CARD

Civ. A. No. 92-0398 (TAF).

799 F.Supp. 158 (1992)

Jon D. ALLEN, et al., Plaintiffs, v. Andrew H. CARD, Jr., Secretary of Transportation, Defendant.

United States District Court, District of Columbia.

July 28, 1992.

Attorney(s) appearing for the Case

Eugene R. Fidell, Feldesman, Tucker, Leifer, Fidell & Ban, Washington, D.C., for plaintiffs.

John C. Martin, Asst. U.S. Atty., Washington, D.C., for defendant.

MEMORANDUM ORDER

FLANNERY, District Judge.

Background

Plaintiff Allen is on active duty with the U.S. Coast Guard. He was passed over for promotion in 1989 and 1990. On October 26, 1990, Allen filed a complaint with the Coast Guard Board for the Correction of Military Records ("BCMR"). While an officer passed over for promotion twice is subject to discharge,1 the Coast Guard...

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