Pvt. Robert Kenneth Bonnet, Usmc v. Lt. Col. E. Byers, Usmc

The petitioner, Private Robert Kenneth Bonnet, seeks review of the decision denying his writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 , which was denied by the district court on the grounds that there had been a minor breach of the enlistment contract which the Marine Corps had cured. Petitioner seeks to have the writ granted and have this court declare his enlistment contract subject to a rescission by the parties for a material breach. This Court has jurisdiction over this case pursuant to 28 U.S.C. §§ 1291 and 2253.

Petitioner, Robert Bonnet, contacted Marine Corps Staff Sergeant Torres at the Marine Corps recruiting station in San Antonio, Texas, on May 17, 1976 for the pur pose of obtaining information regarding job opportunities in the United States Marine Corps’ aviation field.

Staff Sergeant Torres explained to the petitioner that there were three subprograms within the aviation field, “Aviation Technology,” “Aircraft Maintenance/Ordnance,” and “Aviation Administration and Support,” and that the petitioner could choose any of the three subprograms. The sergeant further explained to the petitioner that, although the petitioner could pick any of the three…