Stapp v. Resor

MEMORANDUM

TENNEY, District Judge.

Plaintiff, by way of motion for summary judgment pursuant to Fed.R.Civ. P. 56, moves for an order declaring his April 19, 1968 undesirable discharge from the Armed Forces null and void, and directing defendant to issue to him an honorable discharge as of the same date.

There is apparently no dispute that the following are the salient facts. Plaintiff, a citizen of the United States and resident of the City and State of New York, was inducted into the Armed Forces on May 13, 1966. He thereafter served at Fort Jackson, South Carolina, and Fort Sill, Oklahoma. On…