Legal Opinion

Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States Army

Court of Appeals for the Fifth Circuit

Decided November 5, 1985No. 84-4607PublishedCited by 89 opinions

1Opinion of the Court

OPINION

THORNBERRY, Circuit Judge:

Appellant Calvin Geyen filed suit in the United States District Court for the Western District of Louisiana seeking to have his Army discharge upgraded from undesirable to honorable. He alleges (1) that the Army violated the Constitution and its own regulations in involuntarily activating him in 1969 and twice denying him a hardship discharge in 1970, and (2) that the decision of the Army Board for Correction of Military Records (ABCMR) 1 denying him an upgraded discharge was arbitrary, capricious, unsupported by substantial evidence, and erroneous as a matter…

2Cases cited29 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. United States v. KubrickSupreme Court of the United States · 1979
  4. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  5. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949

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3Cited by89 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. National Association of Government Employees v. City Public Service Board of San Antonio, TexasCourt of Appeals for the Fifth Circuit · 1994
  3. Edward Spannaus v. U.S. Department of JusticeCourt of Appeals for the D.C. Circuit · 1987
  4. The Presbyterian Church (u.s.a.) v. The United States of AmericaCourt of Appeals for the Ninth Circuit · 1989
  5. Veldhoen v. United States Coast GuardCourt of Appeals for the Fifth Circuit · 1994

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