Yagjian v. Marsh

OPINION

FRANCIS J. BOYLE, Chief Judge.

This is an action for judicial review of a decision of the Army Board for Correction of Military Records. Jurisdiction is asserted under 5 U.S.C. § 702 (1976) and 28 U.S.C. § 1361 (1976). See generally Ashe v. McNamara, 355 F.2d 277, 280-81 (1st Cir. 1965). The Defendants, Secretary of the Army, and Executive Secretary of the Army Board for Correction of Military Records, have moved to dismiss the action, or, in the alternative, for summary judgment.

Plaintiff John A. Yagjian is sixty-nine years old. He suffers from a rare, malignant form of T-cell lymphoma…