Rood

MEMORANDUM **

Larry N. Rood appeals from the district court’s order granting summary judgment in favor of Appellees on Rood’s petition for review of the decision of the Board for Correction of Naval Records (“BCNR”). Rood contends that the district court erred in determining that he was discharged pursuant to a valid Naval regulation and that his claims of entitlement to pension benefits are non-justiciable. Rood also contends that the district court erred in failing to find that an error in the composition of the Board of Inquiry (“BOI”) constituted a structural defect warranting reversal of the BCNR’s decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Because the parties are familiar with the record, we recite only those facts necessary to explain the disposition. We review de novo the district court’s grant of summary judgment. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). In conducting this review, we must determine whether “viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id. We…