Ronald Alan Gausmann v. Melvin R. Laird, Secretary of Defense

Habeas corpus. On November 15, 1965, petitioner enlisted in the United States Army for a period of four years. Item 11 of his enlistment record states “Grade PVT E 1”; Item 13 states “Initial Assignment U.S. Army Europe”; Item 37 states “Remarks, NONE.” He signed a contract which expressly provided that all promises made to him were contained in items 11, 13 and 37 of his enlistment record. The contract provided that his “choice of initial assignment shown in items 13 or 37 * * * [of that record] does not constitute any guarantee that my entire enlistment, will be served in that initial assignment. That military necessity may make it necessary to effect my reassignment at any time to any other assignment within the continental United States or an overseas command.” The contract also contained a provision for listing all promises, both oral and written that had been made in connection with his enlistment in the regular Army. All that was there listed is “US ARMY EUROPE TERM OF ENLISTMENT 4 YEARS.”

After completing basic training and advance infantry training, petitioner was assigned to duty in Europe. About a year later he was ordered transferred to the Oakland Army Terminal for…