Vallecillo v. David

OPINION AND ORDER

CLARKSON S. FISHER, District Judge.

Petitioner, Jose Vallecillo, a private in the United States Army, seeks a writ of habeas corpus alleging that when, within the first four months of his enlistment, it was discovered that he could not meet the medical standards for enlistment, the Army, under its own regulations, should have discharged him or given him the option of remaining in the Army notwithstanding his medical condition. Petitioner contends that the Army is required by its regulations to give him an opportunity to exercise this option in writing. Since the Army never…