No. 77-1785.

591 F.2d 849 (1978)

Vernon E. BERG III, Appellant, v. W. Graham CLAYTOR, Jr., Secretary of the Navy, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1978.

Attorney(s) appearing for the Case

E. Carrington Boggan, New York City, for appellant.

Vincent B. Terlep, Jr., Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and Ronald R. Glancz, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on the brief, for appellee.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and DAVIS, Judge, United States Court of Claims.

Opinion for the Court filed by Judge DAVIS.

DAVIS, Judge.

This is a companion appeal to Matlovich v. Secretary of the Air Force, 192 U.S.App.D.C. ___, 591 F.2d 852, also decided this day.1 Appellant Berg, a graduate of the Naval Academy, was commissioned an ensign in the Navy and assigned to duty on the U.S.S. Little Rock with the Sixth Fleet in the Mediterranean, at Gaeta, Italy. In 1975...


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