Hogle v. United States

This case is before the court on cross-motions for summary judgment. After careful consideration of the parties’ submissions, and after hearing oral argument of defendant,1 we allow the defendant’s motion and deny the plaintiffs.

Donald L. Hogle, the plaintiff, a sergeant in the United States Air Force, was released from active duty in July 1972 following surgery for a service-related knee injury. To be eligible for this early release, plaintiff agreed to serve in the Air National Guard (ANG) for a specified period beginning on August 24, 1973. Due to his knee injury, plaintiff had been rated…