Richard P. Lavin v. John O. Marsh, Jr., Secretary of the Army of the United States, and the United States Army

I. Introduction

Richard P. Lavin was a 53-year-old lieutenant colonel in the United States Army Reserve who faced mandatory removal from active service because of an age-based statutory years-of-service limitation. Lavin sought a district court injunction to prevent his removal and to require that the Secretary of the Army review his petition for relief from the mandatory removal provision. The district court found that while Lavin’s claim was deserving of sympathy, it was not supported by statute or by equitable principles. We agree and affirm the district court’s summary judgment in favor of the defendants.

II. Facts

Richard Lavin is a World War II combat veteran with an outstanding military record. In 1963, at age 38, Lavin re-enlisted as a commissioned officer in the United States Army Reserve, Judge Advocate General Corps. His superiors enthusiastically commended Lavin’s performance and his contribution to the Army Reserve. Throughout his 17 years of service in the Reserve, Lavin participated in training and educational programs to improve his ability to serve the Army, and to gain points toward retirement benefits.

In 1977, Lavin was notified that he would be removed…