Robin Andrew Rehart v. Commander Lynn R. Clark, U.S.N.

This action involves the interpretation of a written contract extending the enlistment of Petitioner, a Navy enlistee, who had, on April 25, 1966, signed a written enlistment (Ex. B) containing the language noted in the footnote.

After initial processing, Petitioner executed a contract (Ex. C) extending the enlistment for two years, the relevant provisions of which are as follows:

Petitioner completed four years of naval service and filed a petition for a writ of habeas corpus to compel his discharge. His contention is that he had completed only one Class A school, that is, the MM Class A school in Great Lakes, Illinois. He argued that the agreement is clear and unambiguous and required his completion of three Class A schools, IC (Interior Communications), EM (Electrician’s Mate) and MM (Machinist’s Mate) as a condition precedent to the two-year extension of his enlistment. The District Court agreed and, in invoking the parol evidence rule, sustained Petitioner’s objection to the reception in evidence of BUPERS INSTRUCTION 1306.64E as an aid in the interpretation of the agreement. This is a long directive issued by the Active Chief of Naval Personnel dealing with information…