Unglesby

Plaintiff, an enlisted man in the United States Navy, has instituted this action in an effort to prevent his separation from naval service. He seeks a temporary injunction preventing his discharge and a declaratory judgment under 28 U. S.C., Sections 2201, 2202, and 5 U.S.C., Section 1009 of the Administrative Procedure Act. A temporary restraining order preventing plaintiff’s discharge pending the decision in this case was ordered.

Plaintiff alleges that the regulations applied by the administrative discharge board violate the fifth and sixth amendments of the United States Constitution. He further alleges that the defendants have violated applicable regulations and acted in excess of the statutory authority granted by congress.

The defendants have moved to dismiss the complaint, alleging that the plaintiff has failed to exhaust appropriate administrative remedies. Defendants point out that the plaintiff is free to present his case, following his discharge, before a review board ( 10 U.S.C., Section 1553 ), and the Board for the Correction of Naval Records ( 10 U.S.C., Section 1552 ). Defendants further allege that the proceedings accorded the plaintiff are consistent with due…