Gentila v. Pace, Secretary of the Army

EDGERTON, Circuit Judge.

Appellant’s complaint filed by his mother as next friend, for a mandatory injunction against the Secretary of the Army makes these assertions:

Appellant was inducted into the army in 1942. He went absent without leave in 1943 and returned to duty in 1944. He was then given a dishonorable discharge under a medical officer’s diagnosis, “the record indicating a mental condition.” His discharge was “based upon desertion and physical fitness” (sic; unfitness must be meant). He “at no time was tried for the offense of desertion.” He “was discharged without an opportunity to…