VIETNAM VETERANS OF AMERICA v. SECRETARY OF THE NAVY

Nos. 86-5547, 86-5577, 86-5676.

843 F.2d 528 (1988)

VIETNAM VETERANS OF AMERICA, et al. v. SECRETARY OF THE NAVY, Appellant (Two Cases). VIETNAM VETERANS OF AMERICA, et al., Appellants, v. SECRETARY OF THE NAVY.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Edward R. Cohen, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen. and Douglas Letter, Atty., Dept. of Justice, Washington, D.C., were on the brief for Secretary of the Navy, appellant in Nos. 86-5547 and 86-5676 and appellee in No. 86-5577. Joseph E. diGenova, U.S. Atty., and William Kanter, Freddi Lipstein and Mary T. Koehmstedt, Attys., Dept. of Justice, Washington, D.C., also entered appearances for Secretary of the Navy.

Michael J. McDonald, with whom Barton F. Stichman, Washington, D.C., was on the brief for Vietnam Veterans of America, et al., appellees in No. 86-5577 and cross-appellants in Nos. 86-5547 and 86-5676. David F. Addlestone, Washington, D.C., also entered an appearance for Vietnam Veterans of America, et al.

Before BUCKLEY and WILLIAMS, Circuit Judges, and HOGAN, District Judge.


Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

Among the steps taken to address the problem of drug use in the armed forces in the early 1970s were two memoranda1 issued by the Secretary of Defense or his deputy specifying more lenient standards for discharging members of the armed forces on less than honorable terms and providing for possible upgrading of prior drug-related discharges. We deal...

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