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WHITE v. SECRETARY OF ARMY

No. 88-5078.

878 F.2d 501 (1989)

Richard N. WHITE, Appellant v. SECRETARY OF THE ARMY.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Barton F. Stichman, for appellant.

G. Paul Bollwerk, III, Sp. Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and HAROLD H. GREENE, District Judge.

Opinion for the Court filed by District Judge HAROLD H. GREENE.

HAROLD H. GREENE, District Judge:

The issue in this case is whether a member of the military service may be separated by means of an undesirable discharge on the basis of his past bad record and his future prospects for wrongdoing, even though the court martial he was facing at the time had no authority to impose such a discharge, and his own request for the discharge was based on erroneous advice...

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