Private Paul v. Winters, Jr. v. United States of America, Major General Louis J. Fields

DUNIWAY, Circuit Judge:

Winters voluntarily enlisted in the United States Marine Corps Reserve (Ready Reserve) on September 24, 1965. He signed an enlistment contract and a “Statement of Understanding” which we quote, in part, in the margin. 1 The reference to 90% attendance was in accordance with Marine Corps Reserve Standard Operating Procedures § 2052, and authorized by § 101.3(c), 25 F.R. 14376 (1960). 2

After his six months active duty, Winters was attached to a reserve unit in New York City. On August 29, 1967, he missed a double drill. He presented a medical excuse which was found to be…