David M. Winck, Jr. v. Gordon R. England, Julian E. Sallas, Richard G. Hoffman, John Ashcroft, Mac Cauley

BIRCH, Circuit Judge:

This appeal presents the question whether a military service member must exhaust all intraservice administrative remedies before applying for a writ of habeas corpus seeking discharge from the military under the terms of his or her enlistment contract. The district court granted relief and ordered the service member discharged from the military after construing the contract in his favor. Because Winck has not exhausted his intra-service military remedies, we REVERSE and REMAND with instructions to dismiss the petitioner’s application without prejudice.

I. BACKGROUND

The…