Kenneth Carl Anderson v. Colin J. MacKenzie Captain, United States Navy, Commanding Officer, U. S. Naval Station, Pearl Harbor

Appellant enlisted in the United States-Navy in 1958. Pie is stationed presently at the United States Naval Station, Pearl' Harbor, Hawaii, and his enlistment will expire in October, 1962. During the period of his naval service, he has accumulated a disciplinary record which includes non-judicial punishment received' on five separate occasions and three separate special courts martial, each of’ which resulted in appellant’s conviction and sentence. In January, 1962, appellee reviewed appellant’s record and recommended to the Chief of Naval Personnel in Washington that appellant be given administratively a general discharge under honorable conditions by reason of “unfitness.”

Appellant’s case and appellee’s recommendation were reviewed by the Enlisted' Performance Evaluation Board, with the result that the Board recommended to the Chief of Naval Personnel that appellant be, processed for an undesirable discharge by reason of unfitness. After considering the Board’s recommendation, the Chief of Naval Personnel advised’ appellee, by letter, that he approved the recommendation that appellant be given an undesirable discharge, subject to certain requirements, viz.: appellant must be…