J. W. Schwartz, Individually and as Commanding General of the United States Army, Letterman General Hospital v. Napoleon Covington

ORR, Circuit Judge:

On April 21, 1961, at the expiration of an enlistment prior to the one under consideration here, appellee, a Sergeant in the United States Army, was given an honorable discharge, with a recommendation for re-enlistment. At the time of the 1961 discharge, appellee had completed 16 years of active military service, including duty in World War II and the Korean War. His conduct was such that he was awarded many decorations and his record was devoid of disciplinary action of any character. An investigation was made in 1960 relative to an alleged involvement by appellee in…