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WIELKOSZEWSKI v. HARVEY

No. CIV.A. 00-2236.

398 F.Supp.2d 102 (2005)

Arthur R. WIELKOSZEWSKI, Plaintiff, v. Francis J. HARVEY, Secretary of the Army, Defendant.

United States District Court, District of Columbia.

June 20, 2005.

Attorney(s) appearing for the Case

John A. Wickham & Associates (John A. Wickham) for Plaintiff.

Kenneth L. Wainstein, United States Attorney, R. Craig Lawrence, Assistant United States Attorney, Susan Sutherland, Special Assistant United States Attorney, U.S. Department of Justice, Major Louis Birdsong, Of Counsel, Captain Rebecca Ausprung, Of Counsel, United States Army Litigation Division, for Defendant.

OPINION

POGUE, District Judge.

Plaintiff appeals the determination of the Army Board for Correction of Military Records ("ABCMR") dismissing, for failure to file within the ABCMR's three-year statute of limitations, Plaintiff's 1988 request to have his records corrected to reflect separation from the Army due to disability. Plaintiff argues that due to misleading diagnoses and the Army's own apparent reopening of his case, the statute of limitations on his...

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