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ROELOFS v. SECRETARY OF AIR FORCE

No. 77-2088.

628 F.2d 594 (1980)

Thomas B. ROELOFS, Appellant, v. SECRETARY OF the AIR FORCE.

United States Court of Appeals, District of Columbia Circuit.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Barton F. Stichman, Washington, D. C., with whom David F. Addlestone, Washington, D. C., was on the brief, for appellant.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert*, U. S. Atty., John A. Terry, Peter E. George and William H. Briggs, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before BAZELON, Senior Circuit Judge, LEVENTHAL, and ROBB, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Opinion concurring in the result only filed by BAZELON, Senior Circuit Judge.

LEVENTHAL, Circuit Judge:

Appellant challenges the validity of Section C of Air Force Manual (AFM) 39-12, which authorizes the Air Force to separate a servicemember who has been convicted by civilian authorities of certain types of offenses.1 That regulation prescribes that a servicemember...

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