34 Fair empl.prac.cas. 1850, 32 Empl. Prac. Dec. P 33,893 Aristides Gonzalez v. Department of the Army, Clifford L. Alexander, Individually and in His Capacity as Secretary of the Army

718 F.2d 926 34 Fair Empl.Prac.Cas. 1850 , 32 Empl. Prac. Dec. P 33,893 Aristides GONZALEZ, Plaintiff-Appellant, v. DEPARTMENT OF the ARMY, Clifford L. Alexander, individually and in his capacity as Secretary of the Army, Defendants-Appellees. No. 82-4270. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1983. Decided Oct. 17, 1983. Carlos Ernesto Duque, San Francisco, Cal., for plaintiff-appellant. Richard D. Rosen, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before PECK, * FLETCHER, and PREGERSON, Circuit Judges. FLETCHER, Circuit Judge: 1 Appellant, an Army Major, appeals from the district court's dismissal of his complaint alleging race discrimination in violation of Title VII, 42 U.S.C. Sec. 2000e et seq. (1976 & Supp. V 1981), 42 U.S.C. Sec. 1981 (1976), and 42 U.S.C. Sec. 1983 (Supp. V 1981). The district court dismissed the complaint because it found appellant's claims nonjusticiable and unreviewable, holding that Title VII did not apply to uniformed members of the Armed Forces, and that the section 1981 claim was barred by the doctrine of sovereign…