Tindle v. United States

OPINION

MEROW, Senior Judge.

This matter is before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. In his Complaint plaintiff alleges the Army Review Board’s denial of his application for correction of his military record was arbitrary and capricious because the Board failed to consider or respond to his claims of error in his court-martial. Defendant’s motion to dismiss asserts plaintiffs Complaint is barred by res judicata because the errors of which he now complains could have been raised in his previous litigation in the United…