Legal Opinion

Austin v. United States

United States Court of Claims

Decided April 16, 1975No. 5-74PublishedCited by 137 opinions

1Opinion of the CourtDavis, Judge

John Samuel Austin, then a Navy enlisted man, was discharged in December 1969 with a general discharge, under honorable conditions, for misconduct. He has petitioned this court for a correction of his military records to delete the discharge, and also for an award of back pay. Both sides have asked for summary judgment.

The record shows that Austin was serving his third enlistment in the Navy when, on June 19, 1965 while on leave, he was arrested by Mexican authorities at Tijuana and charged with possession of and trafficking in morphine. He and a Mexican national were subsequently convicted…

2Cases cited12 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. United States v. KingSupreme Court of the United States · 1969
  3. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  4. Service v. DullesSupreme Court of the United States · 1957
  5. Fannie Mae Clackum v. United StatesUnited States Court of Claims · 1960

7 more not listed; retrieve them via the Exa API.

3Cited by137 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. Augustin S. James v. Louis Caldera, Secretary of the Army and Philip J. SchrockCourt of Appeals for the Federal Circuit · 1999
  3. Victoria M. Voge v. United StatesCourt of Appeals for the Federal Circuit · 1988
  4. Matthews v. United StatesUnited States Court of Federal Claims · 2006
  5. Kania v. United StatesUnited States Court of Claims · 1981

132 more not listed; retrieve them via the Exa API.

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