Smith v. United States

The plaintiff, a chief petty officer in the Navy with over 20 years service, sues for back pay from December 1,1954, when he was given a general discharge under honorable conditions, by reason of unsuitability.

Plaintiff asserts that his general discharge was not legal because it was issued in violation of the regulations of the Navy which prescribe the administrative procedure for discharge of enlisted personnel for unsuitability.

Article C-10310 of the Bureau of Personnel Manual of 1948, provides as follows:(1) The Bureau may authorize or direct the discharge of enlisted personnel for…