Richard G. Beaty v. Major General T. A. Kenan, Commanding Officer, United States Army Training Center, Ford Ord, California

BARNES, Circuit Judge:

This appeal involves the obligation of a soldier in the United States Army to clarify his orders to report to duty when such orders contain no specific time for reporting. The extent of that obligation determines the applicability of 10 U.S.C. § 972, and if applicable, the additional time, if any, he must serve in the Army.

Appellant petitioned the district court for a writ of habeas corpus under 28 U. S.C. § 2241(c). Upon denial, an appeal was taken here.

Appellant enlisted for a two year term of Army service on February 9, 1967. He was sent to Germany for training. In…