Wielkoszewski v. Harvey

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, Plaintiffs ■ 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 claim did not begin to run until 1986, making his 1988 filing timely. Furthermore, Plaintiff argues that even if the application were…