HUANG v. SECRETARY OF THE ARMY

No. 1:98-CV-1800-CAM.

23 F.Supp.2d 1377 (1998)

David HUANG, M.D., Ph.D., Plaintiff, v. SECRETARY OF THE ARMY, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

November 5, 1998.


Attorney(s) appearing for the Case

Myles Eric Eastwood, Office of Myles E. Eastwood, Atlanta, GA, for David Huang, Ph.D., plaintiff.

Patricia Rebecca Stout, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, for Secretary of the Army, defendant.


ORDER

MOYE, District Judge.

The two issues before the Court in this case are (1) whether the Army may revoke an honorable discharge validly issued and delivered by competent military authority because of "obvious error" on the Army's part untainted by any fraud or deception on the part of the discharged reserve officer, and (2) whether that question must initially be tried before a military tribunal rather than a civilian court. While jurisdictional questions...

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