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WINTERS v. UNITED STATES

No. 23367.

412 F.2d 140 (1969)

Private Paul V. WINTERS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Major General Louis J. Fields, et al., Respondent-Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1969.

Attorney(s) appearing for the Case

Moses M. Falk (argued), New York City, Nathan R. Zahm, Sherman Oaks, Cal., for appellant.

Raymond Zventina (argued), Asst. U. S. Atty., Edwin L. Miller, U. S. Atty., San Diego, Cal., for appellee.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

DUNIWAY, Circuit Judge:

Winters voluntarily enlisted in the United States Marine Corps Reserve (Ready Reserve) on September 24, 1965. He signed an enlistment contract and a "Statement of Understanding" which we quote, in part, in the margin.1 The reference to 90% attendance was in accordance with Marine Corps Reserve Standard Operating Procedures § 2052, and authorized by § 101.3(c), 25 F.R. 14376 (1960).2<...

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