No. 26019

437 F.2d 883 James E. RICE, Appellant, v. The Honorable John F. CHAFEE, Secretary of the Navy, General Leonard F. Chapman, Commandant, United States Marine Corps, Colonel John Doe Cass, Commanding Officer, 1st Marine Brigade, Lieutenant Colonel D. J. Hunter, Commanding Officer, 1st Marine Battalion, 3rd Marines, 1st Marine Brigade, Appellees. No. 26019. United States Court of Appeals, Ninth Circuit. January 27, 1971. David C. Schutter, Honolulu, Hawaii, for appellant. Robert K. Fukuda, U. S. Atty., Honolulu, Hawaii, for appellee. Before HAMLEY and BROWNING, Circuit Judges, and SCHNACKE, District Judge * . PER CURIAM: 1 On February 11, 1970, James E. Rice was a private in the United States Marine Corps, stationed at Kaneohe Marine Corps Air Station, State of Hawaii. On that day he was alleged to have struck Kerry Howard, a Marine Corps Staff Sergeant, while both were separately off-post, in civilian clothes, on non-military connected activity in Honolulu. 2 Rice was arrested and turned over to military authorities. He was held at Kaneohe Marine Corps Air Station on a duty basis pending special court-martial proceedings. While there, he filed in the district court an application for…