U.S. Court of Appeals for the Ninth Circuit, 1972

McMicking v. Metcalf

McMicking v. Metcalf
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 1972
462 F.2d 129 (Federal Reporter, Second Series)

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.

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