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UNITED STATES EX REL. FLEMINGS v. CHAFEE

No. 70-C-1267.

330 F.Supp. 193 (1971)

UNITED STATES of America ex rel. John W. FLEMINGS, Plaintiff, v. Hon. John H. CHAFEE, Secretary of the Navy, Defendant.

United States District Court, E. D. New York.

July 19, 1971.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty. for the Eastern District of New York, United States District Court, Brooklyn, N. Y., for defendant; Bruce F. Smith, Wethersfield, Conn., of counsel.

Michael Meltsner, New York City, for plaintiff.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

This is an action to overturn a 1944 court-martial conviction for automobile theft and to compel the correction of military records from a dishonorable discharge to a general discharge under honorable conditions. Both parties have moved for summary judgment. Since the crime was not service related, the court-martial had no jurisdiction, the conviction was void, and the discharge records must be corrected.<...

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