Legal Opinion
Mahoney v. United States
District Court, S.D. New York
Decided June 14, 1985No. 83 Civ. 3869 (JES)Published
1Opinion of the Court
SPRIZZO, District Judge:
OPINION & ORDER
FACTS
This is an action for correction of military records brought pursuant to 10 U.S.C. § 1552 (1982). Plaintiff Joseph J. Mahoney served in the United States Marine Corps from October 6, 1953 until May 24, 1956. Mahoney received a bad conduct discharge as a result of a general court-martial (“GCM”) conviction on March 10, 1955. The GCM found Mahoney guilty on two specifications of desertion and one count of failure to obey a lawful order.1
*1066The evidence before the GCM was as follows. Mahoney, without authorization, twice departed from his duty station at…
2Cases cited5 opinions
- Leonard P. Matlovich v. Secretary of the Air Force and Colonel Alton J. ThogersenCourt of Appeals for the D.C. Circuit · 1978
- Kaiser v. Secretary of the NavyDistrict Court, D. Colorado · 1981
- Edward D. Cowhig v. John O. Marsh, Secretary of the ArmyCourt of Appeals for the First Circuit · 1982
- Brewster v. Secretary of the United States ArmyDistrict Court, E.D. New York · 1980
- Miskill v. LehmanDistrict Court, District of Columbia · 1983