Bandoy v. Commandant of the Fourth Naval District

MEMORANDUM

SHAPIRO, District Judge.

I. INTRODUCTION

Plaintiff is a member of the United States Navy who seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2241(a), (c)(1) and (c)(2), releasing him from military service on the ground that a request for a hardship discharge was unlawfully denied. Specifically, plaintiff contends that the Navy’s 1 denial of his request for a hardship discharge was unlawful and arbitrary because there was no basis in fact for such denial, and it was in violation of the due process clause of the Fifth Amendment having been denied without the promulgation of…