Richard Cuadra, and v. Stanley R. Resor, as Secretary of the Army

Cuadra’s second application for hardship discharge recited a previous similar application.

Army regulations, under such circumstances, required the army to get Selective Service advice before decision. This was not done. After decision, denying the discharge, with the issue in court, the army then sought Selective Service advice. Selective Service recommended against the discharge. The army reaffirmed its decision.

We think that the patchwork chinking up was wrong and the appellant was entitled to full de novo consideration.

Here the army has trapped itself in the mesh of its own regulations.

The…