LICHTENSTEIN v. SCHLESINGER

No. 72-3138.

495 F.2d 1382 (1974)

Ernest J. LICHTENSTEIN, Plaintiff-Appellant, v. James R. SCHLESINGER, Secretary of Defense, and Howard H. Callaway, Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 29, 1974.


Attorney(s) appearing for the Case

Mark T. Susnow, of Susnow & Sullivan, San Francisco, Cal., for appellant.

J. E. Holmes, III, Washington, D. C., (argued), James L. Browning, U. S. Atty., William T. McGivern, Jr., Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MOORE, WRIGHT and GOODWIN, Circuit Judges.


OPINION

PER CURIAM:

This was an action by a former serviceman under 10 U.S.C. § 1552 and 28 U.S.C. § 1361 to change his discharge from "undesirable" to "general." The appeal involves the issue whether O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), holding that courts martial jurisdiction extends only to service-connected offenses, is to be applied retroactively. The memorandum decision...

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