eBook details
- Title: Davies v. Clifford
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 25, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
ALDRICH, Chief Judge. This is a petition for declaratory relief in which the respondent is the Secretary of Defense. Petitioner alleges that in 1952, when an army private, he was convicted by court martial of arson. The Court of Military Appeals having denied his petition for review, he received a bad conduct discharge and served the sentence imposed. In 1961 petitioner obtained a hearing before the Army Board for the Correction of Military Records on a claim that he had not, in fact, been guilty. Based upon its recommendations, an order was entered directing the alteration of petitioner's records to indicate that he had received an honorable discharge, and he received the appropriate perquisites.1 10 U.S.C. § 1552. Thereafter, he sought to have the conviction vacated, but the Court of Military Appeals denied his petition. Petitioner alleges that his court martial conviction was invalid because of various errors in his trial which, for present purposes, we will assume violated his constitutional rights. The district court dismissed for lack of jurisdiction. 275 F. Supp. 278.