James B. Smith v. John O. Marsh, Jr., Secretary of the Army

McKAY, Circuit Judge.

John Smith received an undesirable discharge from the United States Army on January 4, 1972. More than eight years later, on August 25, 1980, Mr. Smith applied to the Army Discharge Review Board 1 to have his discharge upgraded to honorable. The ADRB voted unanimously to deny relief to Mr. Smith. Mr. Smith then applied to the Army Board for Correction of Military Records 2 also seeking to have his discharge upgraded. On November 9, 1983, the ABCMR denied Mr. Smith relief. In March 1984, Mr. Smith filed suit in the United States District Court for the District of Colorado…