Richard G. Beaty v. Major General T. A. Kenan, Commanding Officer, United States Army Training Center, Ford Ord, California

This appeal involves the obligation of a soldier in the United States Army to clarify his orders to report to duty when such orders contain no specific time for reporting. The extent of that obligation determines the applicability of 10 U.S.C. § 972 , and if applicable, the additional time, if any, he must serve in the Army.

Appellant petitioned the district court for a writ of habeas corpus under 28 U. S.C. § 2241(c). Upon denial, an appeal was taken here.

Appellant enlisted for a two year term of Army service on February 9, 1967. He was sent to Germany for training. In Germany appellant volunteered for duty in Vietnam. On November 9, 1967, he received orders authorizing a sixty day leave to permit him to visit his family in California, and instructing him to report at Fort Lewis, Washington, but not telling him when to so report.

Before the sixty days expired, appellant made two efforts to ascertain when he should report. His first was to a recruiting sergeant in Porterville, California in December 1967. According to appellant’s uncontested verified statement (C.T. 22), Sergeant Rockwell told appellant to wait at home for orders or, if he desired, to contact the Army’s…