Raymond E. Robinson v. Stanley R. Resor

WILKEY, Circuit Judge:

This is an action brought by appellant Robinson to set aside an Army discharge “under other than honorable conditions” and to recover for lost earnings for the term of enlistment. The District Court granted defendant appellees’ cross-motion for summary judgment on the ground “that the Army Discharge Review Board decision is fully supported by the Board’s record and is in no way arbitrary or capricious.” We disagree.

I. History of the Case

On 24 June 1955 plaintiff Robinson received from the United States Army a Discharge Certificate (under other than honorable conditions).…