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HODGES v. CALLAWAY

No. 73-2499.

499 F.2d 417 (1974)

Staff Sergeant Kenneth L. HODGES, Plaintiff-Appellant, v. Howard H. CALLAWAY, Secretary of the Army, U. S. A., and Major General Orwin Talbott, Commanding General, Fort Benning, Georgia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 18, 1974.

Attorney(s) appearing for the Case

Frank K. Martin, Columbus, Ga., for plaintiff-appellant.

William Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Captain Royce C. Lamberth, JAGC, U. S. Army, c/o U. S. Atty., Macon, Ga., for defendants-appellees.

Before WISDOM and GOLDBERG, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied October 18, 1974.

GOLDBERG, Circuit Judge:

On June 1, 1972, the Department of the Army directed the Commanding General of Fort Benning, Georgia to grant Staff Sergeant (E-6) Kenneth L. Hodges an honorable discharge as soon as possible "for the convenience of the Government." Then midway through his second six-year period of enlistment in the army, Sergeant Hodges was understandably unwilling to see his hopes for a military...

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