Private Paul v. Winters, Jr. v. United States of America, Major General Louis J. Fields

Winters voluntarily enlisted in the United States Marine Corps Reserve (Ready Reserve) on September 24, 1965. He signed an enlistment contract and a “Statement of Understanding” which we quote, in part, in the margin. The reference to 90% attendance was in accordance with Marine Corps Reserve Standard Operating Procedures § 2052, and authorized by § 101.3(c), 25 F.R. 14376 (1960).

After his six months active duty, Winters was attached to a reserve unit in New York City. On August 29, 1967, he missed a double drill. He presented a medical excuse which was found to be fraudulent. Although he had missed less than 10% of his drills for that “anniversary year,” he was on December 11,1967, ordered to involuntary active duty in the Marine Corps for 17 months.

At the time of Winters’ enlistment, the only statutes dealing with failing to participate successfully in the reserve program were 10 U.S.C. § 270 (b), which authorized additional active duty for training not to exceed 45 days, and 50 U.S.C.App. § 456(c) (2) (D), which authorized cancellation of draft deferment and accelerated induction into the armed services. Neither the enlistment contract nor any statute authorized involuntary…