                           and 96-1208
 Gen. John B. Conaway, Director;
 UNITED STATES DEPARTMENT OF
 THE ARMY, Togo D. West, Secretary;
 ARMY BOARD FOR CORRECTION OF
 MILITARY RECORDS, David Kinneer,
 Executive Secretary,

              Defendants - Appellants,
       and

 JOHN L. PATRICK, JR.; DOUGLAS
 TOM,

              Defendants.


            APPEAL FROM THE UNITED STATES DISTRICT COURT
                       BACKGROUND

       On January 19, 1968, Burkins entered the United States Army on active duty and

served in Vietnam as a Green Beret with the 5th Special Forces Group. On November 4,

1970, following his tour of duty, Burkins submitted to a separation physical examination.

Following the examination, he was found medically qualified for separation and was



       “Retired pay” is the term used by the Department of the Army to describe the
       3

payments made to a member who retires pursuant to a disability discharge. See 10 U.S.C.
§ 1201(a).

               