Richard E. Keister, Jr., Private (E-2) v. The Honorable Stanley Resor, Secretary of the Army

OPINION OF THE COURT

TEITELBAUM, District Judge.

In this appeal, the appellant, Richard E. Keister, Jr., seeks to have set aside a district court order refusing his petition for a writ of habeas corpus. By his petition Keister sought to foreclose the United States Army from activating him to military duty. His activation was stayed pending our disposition of this appeal.

Keister, a reservist in the United States Army Reserve, absented himself in August of 1970 from the final six days of the required fifteen days of Annual Active Duty for Training (ANACDUTRA) without leave or authorization. He…