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PEPPERS v. UNITED STATES ARMY

No. 72-1508.

479 F.2d 79 (1973)

James E. PEPPERS, Appellee, v. The UNITED STATES ARMY and those who hold the offices of Secretary of the Army and The Adjutant General of the United States Army, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1973.

Attorney(s) appearing for the Case

Robert E. Kopp, Atty., U. S. Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., John K. Grisso, U. S. Atty., Morton Hollander, Atty., U. S. Dept. of Justice, on brief), for appellant.

Frank Sloan, Columbia, S. C., for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, Circuit Judge.

BOREMAN, Senior Circuit Judge:

James E. Peppers enlisted in the United States Army and served on active duty from September 7, 1942, until September 18, 1943. He was discharged on the latter date "under other than honorable conditions" because of "traits of character" which rendered his retention in the service "undesirable." His was the well-known "Section VIII" or "blue" discharge under the then current Army Regulation 615-360. A Board of Officers conducted a hearing...

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