Davis v. Army Board Corr ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2420
RONALD L. DAVIS,
Plaintiff - Appellant,
versus
ARMY BOARD OF CORRECTIONS OF MILITARY RECORDS;
LOREN G. HARRELL, Executive Director,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Claude M. Hilton, Chief District
Judge. (CA-99-624-A)
Submitted: April 13, 2000 Decided: April 19, 2000
Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ronald L. Davis, Appellant Pro Se. Joel Eric Wilson, Special Assis-
tant United States Attorney, Alexandria, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronald L. Davis appeals the district court’s order granting
the Army Board for Correction of Military Records’ (ABCMR) motion
for summary judgment in Davis’ action challenging the Board’s
refusal to correct his records to reflect a medical, rather than an
honorable, discharge. The district court's review of the ABCMR’s
decision is quite limited, and such decisions can be set aside only
“if they are arbitrary, capricious, or not based on substantial
evidence.” Chappell v. Wallace, 462 U.S. 296, 303 (1983); see also
Robbins v. United States, 29 Fed. Cl. 717, 725 (1993) (“The
function of th[e] court is not to reweigh the evidence presented to
the ABCMR. Rather, th[e] court is charged with determining whether
the conclusion being reviewed is supported by substantial evi-
dence.”) (internal citations omitted). We have reviewed the record
and the district court’s opinion, applying this standard, and find
no reversible error. Accordingly, we affirm. We also deny Davis’
pending motion. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED
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