Charles Kennedy v. Secretary of the Navy

FAHY, Senior Circuit Judge:

In granting the motion of the Secretary of the Navy, appellee, for summary judgment, the District Court dismissed the action of Charles Kennedy, appellant. He sought, with other and related relief, a judgment declaring illegal his discharge from the United States Naval Reserve under conditions other than honorable. Upon the authority of Harmon v. Brucker, 355 U.S. 579, 78 S.Ct. 438, 2 L.Ed.2d 503, we reverse and remand.

The facts essential to an understanding of our decision are not in dispute. After previous service in the Navy, in part at least looking toward a…