Garner v. United States

Plaintiff brings this suit for illegal discharge from the military, and seeks damages, a declaratory judgment and injunctive relief. Defendant has moved for summary judgment, to which plaintiff has not responded. For the reasons stated, defendant’s motion is granted.

Plaintiff was a gunnery sergeant in the U. S. Marine Corps (usmc) who first enlisted in August 1967. On February 16, 1978, plaintiff was brought before a special court-martial on the charges of (1) willful disobedience of an *942order, and (2) striking a superior noncommissioned officer. On March 29, 1978, plaintiff was found guilty…