Weir v. United States

In issue in this military pay case is whether the refusal of the Army Board for the Correction of Military Becords (the Board) to upgrade plaintiff’s “discharge under conditions other than honorable”, is an error of law, where plaintiff is a fully competent, adult soldier with self-confessed homosexual tendencies, confirmed by psychiatric evaluation.

We hold there is no error of law and the Board’s decision is correct.

Further in issue is whether plaintiff is estopped from obtaining a judgment for back pay on his subsequent, sworn claim that he lied to the Army to obtain a discharge, and that…