Sawyer v. United States

OPINION

NETTESHEIM, Judge.

The issue in this case before the court after argument on defendant’s motion for summary judgment is whether a military correction board in a disability review proceeding can supply the correct standard for disallowing the claim after the disability board denied the claim reciting an admittedly incorrect standard.

FACTS

Unless otherwise noted, the following facts are undisputed. Matthew H. Sawyer (“plaintiff”) began his active duty service in the United States Navy on February 3, *8611981. Plaintiff originally was assigned to the Naval facility at Coos Head, Oregon,…