Legal Opinion
Smith v. United States Air Force
District Court, E.D. Pennsylvania
Decided January 4, 1968No. Civ. A. 41511PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
WEINER, District Judge.
Plaintiff Smith was given an honorable discharge from the United States Air Force on August 25, 1959, under Section B of Air Force Regulation 39-16 (Discharge for Unsuitability). Unable later to reenlist because of the nature of his prior discharge, Smith then sued, under 28 U.S.C. § 1361, to compel the Secretary of the Air Force, under 10 U.S.C. § 1552(a), to correct his discharge and military record, on the ground that these were arbitrary and capricious.
The action was transferred from the District of Columbia to the Eastern District of Pennsylvania,…
2Cases cited4 opinions
- Blackmar v. GuerreSupreme Court of the United States · 1952
- Hubert Ashe v. Robert S. McNamara Secretary of DefenseCourt of Appeals for the First Circuit · 1965
- Stephens v. United StatesUnited States Court of Claims · 1966
- Wood v. United StatesUnited States Court of Claims · 1966
3Cited by12 opinions
- Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
- Jarrett v. ResorCourt of Appeals for the Ninth Circuit · 1970
- McQueary v. LairdCourt of Appeals for the Tenth Circuit · 1971
- Schatten v. United StatesCourt of Appeals for the Sixth Circuit · 1969
- Jarrett v. ResorCourt of Appeals for the Ninth Circuit · 1970
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