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ANGLE v. LAIRD

No. 334-69.

429 F.2d 892 (1970)

Gilbert Esco ANGLE, Appellant, v. Melvin LAIRD, U. S. Secretary of Defense, Appellee.

United States Court of Appeals, Tenth Circuit.

August 13, 1970.

Attorney(s) appearing for the Case

Harry Joseph Atwell, Englewood, Colo., for appellant.

Michael A. Katz, Captain, JAGC, Washington, D. C. (Robert J. Roth, U. S. Atty., and Edward H. Funston, Asst. U. S. Atty., Topeka, Kan., and Arnold I. Melnick, Lieutenant Colonel, JAGC, Washington, D. C., on the brief), for appellee.

Before MURRAH, SETH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

This appeal involves the efforts of appellant Angle to change his World War II Army discharge from dishonorable to honorable. The specific question is his right to a writ in the nature of mandamus compelling the Secretary of Defense to make the requested change in his records, 28 U.S.C. § 1361. See Smith v. McNamara, 395 F.2d 896 (10th Cir. 1968); Ashe v. McNamara, 355 F.2d 277

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