Bland

This is an appeal by Bland from an order granting a motion to dismiss the complaint and denying a preliminary injunction.

The record, consisting of the complaint and a hearing on the preliminary injunction, showed Bland was a commissioned officer in the United States Naval Reserve who had served on active duty from 1942 to February 22, 1946. On the latter date, he was separated from active duty status under honorable conditions. From that date, he was placed on inactive status and held a commission as Lieutenant in the United States Naval Reserve.

On December 29, 1955, the Chief of the Bureau of Naval Personnel directed a letter to Bland, with a narrative statement of facts which indicated that, on account of conduct subsequent to his separation from active service, the retention of Bland as an officer in the Naval Reserve was not clearly consistent with the interests of national security. Bland was directed to answer certain interrogatories included therein, warned that failure to answer responsively any thereof might be held as an admission. He was informed a tender of resignation or agreement to accept discharge in lieu of undergoing further administrative processing was…