Birt v. United States

Plaintiff is a former Marine Corps master sergeant who was discharged from that service on July 28, 1961, under *912honorable conditions for the convenience of the Government. This administrative action was undertaken pursuant to regulations set forth in the Marine Corps Personnel Manual.1 In this suit, plaintiff attacks the legality of his discharge, alleging it to have been the product of arbitrary and capricious action; relief in the form of back pay is the restitution sought. We find the claim to be without merit.

It is argued that the present case mirrors the issues presented in Sofranoff v.…