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ASHE v. McNAMARA

No. 6580.

355 F.2d 277 (1965)

Hubert ASHE, Plaintiff, Appellant, v. Robert S. McNAMARA, Secretary of Defense, Appellee.

United States Court of Appeals First Circuit.

Decided December 14, 1965.

Attorney(s) appearing for the Case

Richard W. Murphy, Braintree, Mass., for appellant.

Edward Berlin, Atty., Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, and HASTIE and McENTEE, Circuit Judges.

HASTIE, Circuit Judge.

The appellant is a former Steward in the United States Navy who served a term in prison and was dishonorably discharged from the naval service in 1948 pursuant to the sentence of a general court-martial. In 1959, several years after the completion of his prison sentence, he petitioned the Board of Correction of Naval Records (hereinafter called the Correction Board) to exercise its authority under section 1552 of title 10, United States Code...

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