Staff Sergeant Agustin Correa v. Honorable William Graham Clayton, Jr., Secretary of the Navy

Staff Sergeant Agustín Correa, U.S.M.C., appeals from the District Court’s denial of his motion for a preliminary and a permanent injunction restraining the Marine Corps from issuing a general discharge to separate him from the service. He alleged that the administrative discharge procedure employed by the Marine Corps operated to deprive him of due process rights guaranteed by the Fifth Amendment. Correa also appeals from the denial of his motion for reconsideration on the ground of newly discovered evidence that prescribed Marine Corps regulations were not applied.

Sergeant Correa enlisted in the Marine Corps in March, 1956. He was last attached to the First Marine Brigade, Fleet Marine Force, Kaneohe Marine Corps Air Station, Oahu, Hawaii. On September 20, 1973, Correa’s Commanding Officer recommended to his superior that Correa be separated from the Marine Corps because of unfitness, pursuant to Marine Corps Separation and Retirement Manual [MARCOR-SEPMAN] 16017.2a. Correa’s commander relied upon an investigation by the Naval Investigative Service Office of several incidents of so-called indecent exposure by Cor-rea. A four-member administrative board heard Correa’s case on…