Legal Opinion · Concurrence

Thomas B. Roelofs v. Secretary of the Air Force

Court of Appeals for the D.C. Circuit

Decided February 6, 1980No. 77-2088Published

1ConcurrenceBazelon, Senior Circuit Judge

I join the court in upholding 12-25 of AFM 39-12, § C (“12-25”), and remanding this case to the Air Force for an explanation of appellant’s discharge rating. I do so, however, because I find 12-25 consistent with the Air Force’s duty to base the characterization of appellant’s discharge solely on the quality of his military service.

In Harmon v. Brucker,1 the Supreme Court observed that the purpose in grading discharges is “to specify the character of service rendered during the period covered by the discharge.”2 Unlike the decision to discharge a serviceman, which depends upon the likelihood…

2Cases cited18 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Harmon v. BruckerSupreme Court of the United States · 1958
  4. International Harvester Co. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1973
  5. Stephanie CRAWFORD, Appellant, v. General Robert E. CUSHMAN, Jr., Commandant, United States Marine Corps, AppelleeCourt of Appeals for the Second Circuit · 1976

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