Malandra v. United States

In this case, the plaintiff, Joseph J. Malandra, seeks to recover back pay and allowances and restitution of all benefits as a Begular Air Force officer on the grounds that his discharge from the Air Force by the Secretary of the Air Force on January 22, 1968, was illegal. The facts on which the suit is based are as follows.

Plaintiff enlisted in the United States Air Force on January 10, 1958, and was honorably' discharged on May 12, 1961. He reenlisted in the Air Force on April 6,1961, and was commissioned as a second lieutenant, Keserve Air Force, on July 1,1964. On June 16,1965, he was…