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WINCK v. ENGLAND

No. 02-12136.

327 F.3d 1296 (2003)

David M. WINCK, Jr., Petitioner-Appellee, v. Gordon R. ENGLAND, Honorable, Julian E. Sallas, Lieutenant, Richard G. Hoffman, Captain, John Ashcroft, Mac Cauley, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 21, 2003.

Attorney(s) appearing for the Case

E. Roy Hawkens, Anthony John Steinmeyer, Dept. of Justice/Civ. Appellate Div., Washington, DC, for Respondents-Appellants.

Daniel G. Sayer, Chadwick A. Griffon, Mobile, AL, for Petitioner-Appellee.

Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

This appeal presents the question whether a military service member must exhaust all intraservice administrative remedies before applying for a writ of habeas corpus seeking discharge from the military under the terms of his or her enlistment contract. The district court granted relief and ordered the service member discharged from the military after construing the contract in his favor. Because Winck has not exhausted his intraservice military...

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