Neil F. Davis v. Elvis J. Stahr, Jr., Secretary of the Army of the United States, and Individually

WASHINGTON, Circuit Judge.

This case, like Bland v. Connally, (1961) 110 U.S.App.D.C. 375, 293 F.2d 852, involves a discharge, less than honorable in form, issued to an inactive reservist after charges of subversive activity.

In 1950, appellant Davis was inducted into the United States Army as a draftee. Two years later he was honorably separated from active duty and transferred to the Ready Reserve of the Army. Although under the terms of his separation appellant remained subject to recall to active service for defined periods and under specified conditions, 10 U.S.C. §§ 268, 672, 673, no…