Albert J. Breinz v. Commanding General, Ft. Lewis, Washington

439 F.2d 785 Albert J. BREINZ, Plaintiff-Appellant, v. COMMANDING GENERAL, FT. LEWIS, WASHINGTON, Melvin R. Laird, Secretary of Defense, and Stanley Resor, Secretary of the Army of the United States of America, Defendants-Appellees. No. 26540. United States Court of Appeals, Ninth Circuit. March 25, 1971. J. Byron Holcomb (argued), Wolfstone, Panchot & Bloch, Seattle, Wash., for plaintiff-appellant. Douglas D. McBroom, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., J. S. Obenour, Asst. U. S. Atty., Tacoma, Wash., for defendants-appellees. Before KOELSCH, CARTER and WRIGHT, Circuit Judges. WRIGHT, Circuit Judge: 1 Breinz appeals from the district court's denial of his petition for a writ of habeas corpus seeking release from the Army because his term of enlistment has allegedly been completed. This court has jurisdiction under 28 U.S.C. § 2253 . We affirm because appellant failed to exhaust his available administrative remedies prior to seeking habeas corpus relief. 2 Appellant enlisted in the Army for a three-year term in June of 1967. He applied for compassionate reassignment while awaiting shipment overseas at Fort Lewis Washington. On approximately August 15,…