McMicking v. Metcalf (462 F.2d 129, 1972)

United States Court of Appeals for the Ninth Circuit 1972-06-20

Citations

Full opinion text

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.