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PATTERSON V. LAMB, 329 U. S. 539 (1947)

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U.S. Supreme Court

Patterson v. Lamb, 329 U.S. 539 (1947)

Patterson v. Lamb

No. 229

Argued January 7, 1947

Decided January 2, 1947

329 U.S. 539

Syllabus

Respondent was ordered by his local draft board to report to the board on November 11, 1918, at 9 a.m., for "immediate military service," and was informed that, from that day and hour, he would be "a soldier in the military service of the United States." He reported as ordered, and as made the leader of a group of draftees awaiting entrainment for a mobilization camp. Later that day, he was told that, because of the Armistice, the draft call had been canceled, and that he would not go to camp, but could return home and await further orders. Four days later, he received a notice from the board that all registrants who had been inducted but had not entrained were discharged from the Army, and that the cancellation of the induction orders would have the effect of an honorable discharge from the Army.

Held: the War Department acted within its power in later granting to the respondent a "discharge from draft," rather than a certificate of honorable discharge from the Army. P. 329 U. S. 544.

81 U.S.App.D.C. ___, 154 F.2d 319, reversed.

Respondent brought suit in the District Court against the Secretary of War and The Adjutant General of the Army praying a mandatory injunction to compel issuance to him of a certificate of honorable discharge from the Army. The District Court dismissed the complaint. The Court of Appeals reversed. 81 U.S.App.D.C. ___, 154 F.2d 319. This Court granted certiorari. 329 U.S. 695. Reversed, p. 329 U. S. 545. chanroblesvirtualawlibrary

Page 329 U. S. 540





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