Major William R. Perry v. Commanding Officer, Headquarters

MacKINNON, Circuit Judge;

The appeal of Perry, now a permanent Captain in the Regular Army of the United States, raises questions concerning the reenlistment rights under 10 U.S.C. § 3258 (1970) 1 of a former enlisted man in the Regular Army who, in June 1959, was discharged as an enlisted man in order to accept a temporary commission as an officer in the Army Reserve. We decide that Perry’s right to reenlist lapsed six months after his Reserve Commission was terminated by his acceptance of a permanent commission in the Regular Army and that he never acquired any similar reenlistment rights…