U.S. Court of Appeals for the Fourth Circuit, 2016

Herbert Clark, III v. Patrick Murphy

Herbert Clark, III v. Patrick Murphy
U.S. Court of Appeals for the Fourth Circuit · Decided November 29, 2016 · Diaz, Thacker, Davis
671 F. App'x 84

Herbert Clark, III v. Patrick Murphy

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Herbert Clark, III, appeals the district court’s order accepting the recommendation of the magistrate judge, granting summary judgment to Defendant, and upholding the final decision of the Army Board for Corrections of Military Records (“Board”), which denied Clark’s request to make corrections to his military records. Under the Administrative Procedures Act this court’s review of a Board’s decision is “quite limited” and we may only set aside the Board’s decision if it is arbitrary, capricious, or not based on substantial evidence. Randall v. United States, 95 F.3d 339, 348 (4th Cir. 1996); see Chappell v. Wallace, 462 U,S. 296, 303, 103 S.Ct. 2362, 76 L.Ed.2d 586 (1983). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Clark v. Murphy, No. 5:14-cv-00565-FL, 2016 WL 3102016 (E.D.N.C. June 2, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

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