MEMORANDUM
NANGLE, District Judge.
This matter is before the Court upon defendants' motion to dismiss, or alternatively for summary judgment, following oral arguments heard on November 12, 1976. Plaintiff filed suit herein, pursuant to 28 U.S.C. §§ 1331, 1343, 1361 and 42 U.S.C. § 2000e et seq., asserting that paragraph 2-34(a) of Army Regulation 40-501 violates his rights under the law. The challenged provision provides:
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