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SMALLS v. U.S.

No. Civ. 98-00908SPKBMK.

87 F.Supp.2d 1055 (2000)

Eugene C. SMALLS, Plaintiff, v. UNITED STATES of America; John H. Dalton, Secretary of the Navy; Department of the Navy; the Navy Board for Correction of Military Records; Department of Veterans Affairs, Medical & Regional Office of Honolulu, Hawaii; United States Marine Corps; Medical Board Region, Medical Clinic, Kaneohe Bay Honolulu; Central Physical Evaluation Board; Departments, Government or Governmental Agencies, Partnerships, Corporations, Non-Profit Organizations, and State Entities 1-1000, Defendants.

United States District Court, D. Hawai`i.

February 29, 2000.

Attorney(s) appearing for the Case

T. Stephen Leong, Law Offices of T. Stephen Leong, Honolulu, HI, for plaintiff.

Thomas A. Helper, Assistant U.S. Attorney, Steven S. Alm, United States Attorney, Honolulu, HI, for defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

SAMUEL P. KING, District Judge.

I. INTRODUCTION

Plaintiff Eugene Smalls ("Plaintiff") seeks to upgrade his discharge from the U.S. Marine Corps ("Marine Corps"). The defendants named in the suit include the Secretary of the Navy, the Department of the Navy, and the Board for Correction of Naval Records ("BCNR") (collectively "Defendants"). Defendants move to...

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