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BLASSINGAME v. SECRETARY OF THE NAVY

No. 523, Docket 88-6135.

866 F.2d 556 (1989)

Larry E. BLASSINGAME, Plaintiff-Appellant, v. SECRETARY OF THE NAVY, Naval Discharge Review Board, and Board for the Correction of Naval Records, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Richard W. Brewster, New York City (Helen Gavaris, Moses & Singer, New York City, of counsel), for plaintiff-appellant.

David M. Nocenti, Asst. U.S. Atty. for the Eastern District of New York, Brooklyn, New York (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, Robert L. Begleiter, Asst. U.S. Atty. for the Eastern District of New York, Brooklyn, New York, Cmdr. Richard Walsh, USN and Capt. Robert Barber, USMC, Office of the Judge Advocate General, Dept. of the Navy, Alexandria, Virginia, of counsel), for defendants-appellees.

Before KAUFMAN, OAKES, and CARDAMONE, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We are called upon to weigh the armed forces' prerogative to discharge as "undesirable" those it deems unsuitable for service. Larry Blassingame appeals from a decision of the United States District Court for the Eastern District of New York granting summary judgment to appellees and dismissing his suit to compel the upgrading of his "undesirable" discharge from the U.S. Marine Corps to "honorable" status. Appellant had repeatedly...

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