Fong Chew Chung v. United States

Fong Chew Chung’s petition for naturalization was denied by the district court and he appeals.

Appellant, a native of China, was lawfully admitted to the United States in 1927. On December 18, 1942 he was inducted into the Army of the United States and was discharged therefrom on August 5, 1943, under an order providing that “Fong C. Chung * * * is hereby Honorably Discharged from the military service of the United States of America. This certificate is awarded as a testimonial of Honest and Faithful Service to his country * * The following is endorsed upon the discharge order: “Section VIII A. R. [Army Regulations] 615-360. Ineligible for enlistment or induction.” The relevant parts of the Army Regulations are set out in the margin. 1 All emphasis in this opinion is ours.

At the hearing on the petition the court, while rejecting the idea that the military order can be attacked in court, went rather minutely into the reason for the discharge and discerned a difference in meaning as to the wording of the discharge order and that of the statute which provides for the naturalization of an alien who has “served honorably” in the military service of the United States. The applicable…