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VALLECILLO v. DAVID

Civ. A. No. 1151-72.

360 F.Supp. 896 (1973)

Pvt. Jose A. VALLECILLO, Petitioner, v. Maj. Gen. Bert A. DAVID, as Commanding General, Fort Dix, New Jersey, Hon. Robert F. Froehlke, as Secretary of the Army, Respondents.

United States District Court, D. New Jersey.

June 18, 1973.

Attorney(s) appearing for the Case

Legal Aid Society of Mercer County, by Richard B. Gelade, Trenton, for petitioner.

Herbert J. Stern, U. S. Atty., by William A. Carpenter, Jr., Asst. U. S. Atty., for respondents.

OPINION AND ORDER

CLARKSON S. FISHER, District Judge.

Petitioner, Jose Vallecillo, a private in the United States Army, seeks a writ of habeas corpus alleging that when, within the first four months of his enlistment, it was discovered that he could not meet the medical standards for enlistment, the Army, under its own regulations, should have discharged him or given him the option of remaining in the Army notwithstanding his medical condition. Petitioner...

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