George Oliver Chalfant, Jr. v. Melvin R. Laird, Secretary of Defense

Appellant, an enlistee in the United States Army, filed a complaint in the district court attacking the validity of his enlistment and seeking to enjoin the Army from requiring him to serve outside Europe or the United States. The district court, after hearing Appellant’s testimony, denied relief and dismissed the action.

Appellant urges that (1) the district court erroneously found the facts against him and (2) that the district court had jurisdiction to review military assignments and should have granted him in-junctive relief against assignment to Vietnam.

Appellant enlisted in June of 1966, signing enlistment document Form D-44 and the “Statement of Understanding”. He was 21 years and 10 months of age and had 2 years of college. The “Statement of Understanding” stated in Part I:

In Part II, under a section requiring the listing of any promises made to the enlistee, appellant set forth:

“Europe unassigned 4 years.”

Appellant spent five months in training in the United States and was then assigned to Europe from November, 1966 to November, 1968. On November 16, 1968, he was ordered to report to Fort Lewis, Washington, on January 19, 1969 for reassignment to duty in Vietnam.…