RUCKER v. SECRETARY OF THE ARMY

No. 81-7216.

702 F.2d 966 (1983)

Charles Robert RUCKER, Plaintiff-Appellant, v. SECRETARY OF THE ARMY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 15, 1983.


Attorney(s) appearing for the Case

Ralph Strawn, Birmingham Area Legal Services, Birmingham, Ala., for plaintiff-appellant.

Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Steven M. Post, Captain, JAGC, Military Personnel Branch, Litigation Division, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., for defendant-appellee.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and MORGAN, Senior Circuit Judge.


LEWIS R. MORGAN, Senior Circuit Judge:

Charles Robert Rucker (Rucker) brought this action in the United States District Court for the Northern District of Alabama seeking a judgment declaring that the voidance of his enlistment in the Army is invalid and a writ of mandamus compelling the Secretary of the Army (Army) to issue him an honorable discharge and award him back pay. The district court granted summary judgment for the Secretary of the Army and Rucker appeals...

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