ALFRED L. MCMICKING, PETITIONER-APPELLEE,
v.
LT. COL. JACK A. METCALF, COMMANDING OFFICER, ARMED FORCES EXAMINING AND ENTRANCE STATION, OAKLAND, CALIFORNIA, STANLEY R. RESOR AS SECRETARY OF THE ARMY OF THE UNITED STATES, RESPONDENTS-APPELLANTS

9th Cir. | 1972-06-20
No. 71-2002
462 F.2d 129 United States Court of Appeals for the Ninth Circuit (1972) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

There is sufficient evidence in the record to support the finding that the notification of classification was not mailed to petitioner “as soon as practicable.” 32 C.F.R. 1623.4(a). The trial court found this prejudiced the petitioner. Thus, we cannot find that it acted improperly in ordering his release from the Army. See Knox v. United States, 200 F. 2d 398 (9th Cir. 1952).

The order appealed from is affirmed.


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