44 Fair empl.prac.cas. 1636, 44 Empl. Prac. Dec. P 37,529 Jane Anne Leyland v. Verne Orr, Secretary of the Air Force, James F. Egbert, Commander, United States Air Reserve Personnel Center, and James E. Christman, Surgeon, United States Air Reserve Personnel Center

828 F.2d 584 44 Fair Empl.Prac.Cas. 1636 , 44 Empl. Prac. Dec. P 37,529 Jane Anne LEYLAND, Plaintiff-Appellant, v. Verne ORR, Secretary of the Air Force, James F. Egbert, Commander, United States Air Reserve Personnel Center, and James E. Christman, Surgeon, United States Air Reserve Personnel Center, Defendants-Appellees. No. 86-6441. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1987. Sept. 23, 1987. A.P. Zmurkiewicz, San Diego, Cal., for plaintiff-appellant. E. Roy Hawkens, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before BROWNING, Chief Judge, FLETCHER and POOLE, Circuit Judges. PER CURIAM: 1 Leyland was honorably discharged from the Air Force Reserves as psychologically unsuitable and physically unfit because of transsexualism and completion of sex change surgery. Leyland filed this action for declaratory relief, seeking to have her discharge vacated. The district court granted summary judgment for the Air Force. Leyland appeals, arguing her discharge was arbitrary and not based on an individualized assessment of her ability to perform her duties as required…