Legal Opinion

Thomas B. Roelofs v. Secretary of the Air Force

Court of Appeals for the D.C. Circuit

Decided February 6, 1980No. 77-2088PublishedCited by 45 opinions

1Opinion of the Court

LEVENTHAL, Circuit Judge:

Appellant challenges the validity of Section C of Air Force Manual (AFM) 39-12, which authorizes the Air Force t$ separate a servicemember who has been convicted by civilian authorities of certain types of offenses.1 That regulation prescribes that a servicemember who is discharged on the basis of a civilian court conviction normally should receive a less than Honorable Discharge.2 In Part I of this opinion, we reject appellant’s challenge to the validity of the relevant discharge regulations. For the reasons set forth in Part II, we remand the case in order to permit…

2Cases cited11 opinions

  1. Dunlop v. BachowskiSupreme Court of the United States · 1975
  2. Harmon v. BruckerSupreme Court of the United States · 1958
  3. Ronald T. Phillips v. Bureau of PrisonsCourt of Appeals for the D.C. Circuit · 1979
  4. Charles Joseph King, Jr. v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1974
  5. Madsen v. KinsellaSupreme Court of the United States · 1952

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3Cited by45 opinions

  1. Clinton v. GoldsmithSupreme Court of the United States · 1999
  2. Tourus Records, Inc. v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2001
  3. Kreis v. Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 2005
  4. Community for Creative Non-Violence v. Manuel Lujan, Jr., Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1990
  5. Aguayo, Agustin v. Harvey, FrancisCourt of Appeals for the D.C. Circuit · 2007

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