Legal Opinion
Rooney v. Secretary of the Army
District Court, District of Columbia
Decided November 6, 2003No. CIV.A. 02-0450(JDB)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
BATES, District Judge.
Major Richard C. Rooney (“Rooney”), a physician, asks the Court to declare that he was honorably and irrevocably discharged from the Army on February 5, 2002, that the Army’s subsequent attempts to revoke his discharge are void, and that, to the extent that it may be invoked by the Army to annul a discharge without providing a hearing and on the basis of merely “some” evidence of fraud, Army Regulation 135-175 § 1 — 10b(2) (1987) (“l-10b(2)”) violates the due process clause of the Fifth Amendment. The Army maintains that Rooney has an outstanding…
2Cases cited56 opinions
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- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
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3Cited by2 opinions
- Fenje v. FeldDistrict Court, N.D. Illinois · 2003
- Rooney v. Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 2005