Ralph Edward Baldwin v. Major General Reginald M. Cram, Adjutant General, National Guard of the United States

OAKES, Circuit Judge:

This appeal is from the dismissal of a writ seeking relief against an order compelling a National Guardsman to report to active army duty. It involves the question whether the courts may review the refusal of * the Army to discharge a person on the basis of his claim to be “unfit” to be a soldier when he is absent without leave. More precisely, the question sought to be raised is whether Army Regulation 635 — 212 (AR 635-212) governing discharge of persons “unfit” or “unsuitable” for military service 1 requires that, once a unit command er determines that an individual…