Former United States marine brought action against United States under Federal Tort Claims Act (FTCA), sounding in legal malpractice and predicated on his attempts to have his “other than honorable” discharge status upgraded or alternatively to re–enlist in Marine Corps. The United States District Court for the Eastern District of Pennsylvania, Mary A. McLaughlin, J., 2011 WL 1235193 and 2011 WL 1235554, granted government's motion to dismiss. Marine appealed.
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