Herbert Clark, Iii v. PATRICK J. MURPHY, Acting Secretary of the Army

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1868
HERBERT CLARK, III,
Plaintiff - Appellant,
v.
PATRICK J. MURPHY, Acting Secretary of the Army,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:14-cv-00565-FL)
Submitted: November 22, 2016 Decided: November 29, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Herbert Clark, III, Appellant Pro Se. Kimberly Ann Moore,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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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 (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
(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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