McMicking v. Metcalf

462 F.2d 129

Opinion

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.