Robert S. Antonuk v. United States of America

McCREE, Circuit Judge.

This appeal concerns the involuntary activation of an Army reservist. Petitioner, Robert S. Antonuk, enlisted in the Army Reserve on February 4, 1965. In December 1969 he was ordered to report for active duty on January 13, 1970, pursuant to 10 U.S.C. § 673a, on the grounds that Re had accumulated more than five unexcused absences from scheduled drills during a one-year period. Antonuk claimed, and claims, that he submitted notes from an osteopathic physician in support of his requests for excuses, and that these were lost because of the Reserve unit’s chaotic…