Herbert Phillip Schlanger v. United States of America

I. BACKGROUND

This is an appeal from an order of the District Court for the District of Arizona, Hon. Carl A. Muecke, dismissing plaintiff-appellant Schlanger’s complaint on the grounds of res judicata and failure to state a claim upon which relief could be granted.

II. STATEMENT OF FACTS

In December 1962, Herbert Schlanger enlisted in the United States Air Force (USAF) for a period of 4 years and began his service. In 1965, Schlanger applied for entrance into the Airman’s Education and Commissioning Program (AECP), a USAF program providing undergraduate education and officer training leading to an officer’s commission. After the USAF accepted Schlanger into the AECP, it arranged his admission into and assigned him for AECP participation at Arizona State University (ASU). As part of the program, Schlanger received a discharge on December 8, 1966 and reenlisted, on December 9, 1966, for a period of 6 years.

In January 1966, Schlanger enrolled in his courses at ASU under the auspices of the Air Force Institute of Technology (AFIT), projected, with his AFIT advisers, a graduation date of June 1968, and began his studies. During the fall of 1967, Schlanger became ill and received…