Anthony Emma v. Dewitt C. Armstrong, Iii, Brigadier General, United States Army Commanding General, Fort Devens, Massachusetts

ALDRICH, Senior Judge.

Emma, an enlisted man, returned from a tour of duty in Vietnam with a pending request for a discharge. At Fort Lewis, Washington, he signed for expenses to proceed to Fort Bliss, Texas, and went home for a month’s leave to Rhode Island. The district court found that he did not read what he had signed and thought he was to await his discharge, or further instructions, at home.1 2When, after two months, he heard nothing, he brought his personal file and inquired orally at the Providence, Rhode Island, Recruiting Station, and was advised to do nothing.* A few months later…