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INGALLS v. BROWN

No. 19158.

377 F.2d 151 (1967)

Murray H. INGALLS, Appellant, v. Harold BROWN, Secretary of the Air Force, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 17, 1967.

Attorney(s) appearing for the Case

Mr. Donald H. Dalton, Washington, D. C., for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Mr. David G. Bress, U. S. Atty., and Mr. Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and FAHY and ROBINSON, Circuit Judges.

PRETTYMAN, Senior Circuit Judge:

Appellant was a regular (as distinguished from reserve) officer in the Air Force. He resigned his commission and was given a discharge rated as "Under Other than Honorable Conditions". He sued to secure either reinstatement or a change in that rating. We fully recognize that we have no authority to tell the Secretary of the Air Force what sort of discharge he should give officers who resign, and we have no inclination to do so even...

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