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SIMMONS v. BROWN

Civ. No. HM 80-1726.

497 F.Supp. 173 (1980)

Stephen SIMMONS, Sergeant, United States Army v. Harold BROWN, Secretary of Defense; Clifford Alexander, Secretary of the Army; and Colonel Herd, Post Commander.

United States District Court, D. Maryland.

July 15, 1980.

Attorney(s) appearing for the Case

Thomas W. Keech, Stephanie Klein, Dennis W. Carroll, Jr., Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiff.

Russell T. Baker, Jr., U. S. Atty. for the District of Maryland, Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md., Calvin M. Lederer, Captain, Judge Advocate Gen. Litigation Division, Dept. of the Army, Washington, D. C., for Harold Brown et al.

HERBERT F. MURRAY, District Judge.

Plaintiff is a staff sergeant presently serving on active duty in the United States Army with assignment at Fort Meade, Maryland. On June 27, 1980, the Commander of Headquarters Command at Fort Meade approved plaintiff's involuntary separation from active duty in accordance with Army Regulations (AR) 600-85 and 635-200, which authorize discharge for personnel who fail to participate satisfactorily in the Army alcohol rehabilitation...

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