McMicking v. Metcalf

U.S. Court of Appeals for the Ninth Circuit
McMicking v. Metcalf, 462 F.2d 129 (9th Cir. 1972)

McMicking v. Metcalf

Opinion of the Court

PER CURIAM:

There is sufficient evidence in the record to support the finding that the notification of classification was not mailed to petitioner “as soon as practicable.” 32 C.F.R. 1623.4(a). The trial court found this prejudiced the petitioner. Thus, we cannot find that it acted improperly in ordering his release from the Army. See Knox v. United States, 200 F.2d 398 (9th Cir. 1952).

The order appealed from is affirmed.

Reference

Full Case Name
Alfred L. McMICKING v. Lt. Col. Jack A. METCALF, Commanding Officer, Armed Forces Examining and Entrance Station, Oakland, California, Stanley R. Resor as Secretary of the Army of the United States
Status
Published