John E. Ampleman v. Honorable James R. Schlesinger, Secretary of Defense, and John L. McLucas Secretary of the Air Force

TALBOT SMITH, Senior District Judge.

The appellant (hereafter plaintiff) appeals his involuntary separation, by honorable discharge, from the United States Air Force. He argues that he has been denied due process and the equal protection of the laws. Upon cross-motions for summary judgment, defendants’ motion was granted. We affirm.

Shortly after plaintiff’s assignment to combat flying duties in Vietnam, he expressed to his superiors his apprehensions concerning flying in combat and requested assignment to ground duties. This essential element of fact cannot be denied on the record. The matter…