George L. Sanford v. United States of America, United States Army

Appellant seeks review of an order of the Army Board for Correction of Military Records, denying appellant’s application under 10 U.S.C. § 1552(a) for correction of his army medical record in order that it might reflect disabilities allegedly suffered by him in connection with his military service. His action was dismissed by the District Court for failure to state a claim. Since matters outside the pleadings were presented at the hearing on motion to dismiss, we treat the court’s action as an entry of summary judgment. Rule 12(b), F.R.Civ.P.; S & S Logging Co. v. Barker, 366 F.2d 617 (9th…