implied application in holding that service member did not have to exhaust military remedies because to do so would be futile, and that the claim was reviewable "based upon a procedural defect that goes to the preparation of the [military discharge] record itself” that "might have a substantially deleterious effect on [the service member's] future capabilities”
How later courts described this case
- implied application in holding that service member did not have to exhaust military remedies because to do so would be futile, and that the claim was reviewable "based upon a procedural defect that goes to the preparation of the [military discharge] record itself” that "might have a substantially deleterious effect on [the service member's] future capabilities”
- requiring only that officer discharged for disciplinary reasons be allowed to present his own case, and expressly declining to require right to counsel
- No. 73-2707, April 19, 1974
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
It is ordered that the cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.