Archibald E. Roberts v. Cyrus R. Vance, Secretary of the Army

BAZELON, Chief Judge.

The appellant is an Army reserve officer with 18 years and 9 months of active federal service. The Secretary of the Army personally ordered him released from active duty after Major Roberts delivered an unauthorized speech to the Daughters of the American Revolution criticizing prominent public officials.1 Claiming that this action would cause him to lose substantial sums of retirement pay,2 Major Roberts sought a declaratory judgment and injunctive relief to have the Secretary’s order set aside. On cross-motions for summary judgment, the District Court granted…