Richard Cuadra, and v. Stanley R. Resor, as Secretary of the Army

Ninth Circuit

Richard Cuadra, and v. Stanley R. Resor, as Secretary of the Army

437 F.2d 1211, 1970 U.S. App. LEXIS 6075

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 8, 1970

Docket26510_1

StatusPublished

Cited by4 cases

This text of 437 F.2d 1211 (Richard Cuadra, and v. Stanley R. Resor, as Secretary of the Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richard Cuadra, and v. Stanley R. Resor, as Secretary of the Army, 437 F.2d 1211, 1970 U.S. App. LEXIS 6075 (9th Cir. 1970).

Pincite

Opinion

*1212 PER CURIAM:

Cuadra’s second application for hardship discharge recited a previous similar application.

Army regulations, under such circumstances, required the army to get Selective Service advice before decision. This was not done. After decision, denying the discharge, with the issue in court, the army then sought Selective Service advice. Selective Service recommended against the discharge. The army reaffirmed its decision.

We think that the patchwork chinking up was wrong and the appellant was entitled to full de novo consideration.

Here the army has trapped itself in the mesh of its own regulations.

The army determinations should be vacated and de novo consideration promptly had by Selective Service and the army. Alternatively the army may require petitioner to promptly reapply and process that application without res judicata implications.

The motion to dismiss is denied. The case is remanded for proceedings consistent herewith.

The present restraining order will continue for four weeks from the date of filing of this opinion.

Our decision is effective immediately.

Free access — add to your briefcase to read the full text and ask questions with AI