George W. Sohm v. Henry H. Fowler, Secretary of the Treasury

This appellant by 1959 had twice failed of promotion to the rank of commander. Two successive Selection Boards had passed, upon, his record. On June 12, 1961, he was notified that for the' third time he had failed of promotion. Thus, no less than fifteen different officers acting under oath in the performance of their duty, had considered the possibility of the appellant’s entitlement to promotion. All of them in performance of that duty had ruled against him.

The appellant brought suit in the District Court seeking to enjoin the Secretary of the Treasury from retiring the appellant from…