Gilchrist v. United States

OPINION

MILLER, Judge.

TMs case is before the court after argument on cross-motions for summary judgment. Plaintiff seeks correction of Ms military records, reinstatement, and retroactive backpay with frill benefits. The main issue to be resolved is whether plaintiffs discharge without a hearing from the military was unlawful and in violation of established military procedure and thus an abuse of the Secretary of the Army’s discretionary powers.

FACTS

The following facts are undisputed, unless otherwise noted. Johnny Gilchrist (“plaintiff”) enlisted in the Urnted States Army (the “Army”) on July…