Guerrero v. Stone

970 F.2d 626 Francisco A. GUERRERO, Petitioner-Appellant, v. Michael P.W. STONE, Secretary of the Army, and Edward Derwinski, Secretary of the Department of Veterans' Affairs, in their official capacities, Respondents-Appellees. No. 91-16454. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1992. Decided July 16, 1992. John D. Hickman, San Francisco, Cal., for petitioner-appellant. Robert M. Butler, Sp. Asst. U.S. Atty., San Francisco, Cal., for respondent-appellee. Appeal from the United States District Court for the Northern District of California. Before: BROWNING, ALDISERT * and PREGERSON, Circuit Judges. ALDISERT, Circuit Judge: 1 In Guerrero v. Marsh, 819 F.2d 238 (9th Cir.1987), we granted a writ of mandamus commanding the Army Board for Correction of Military Records ("the Board") to take jurisdiction over an application by Francisco A. Guerrero for a change in his military records to show that he was properly inducted into the United States Army during the Japanese occupation of the Philippines in the early days of World War II and that he subsequently received an honorable discharge. Following our remand, the Board considered the application…