Miller v. Secretary of Defense

MEMORANDUM OF DECISION

SUTTLE, District Judge.

On the 27th day of August, 1971, came on for final hearing the above styled and numbered cause, and the Court, having considered the pleadings, memoranda of authorities, comments of counsel, and evidence adduced at both this and the hearing on jurisdiction June 30, 1971, finds and rules as follows :

I

Since graduation from the United States Military Academy, West Point, N. Y., in 1962, petitioner has served as a commissioned officer in the United States Army, including one tour in Vietnam. On March 5, 1969, he was assigned to the Fifth Army Student…