Santiago

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed in this case on May 13, 2005, and reported at 407 F.3d 1018 , is amended as follows:

At page 1022, right column, first new paragraph: modify the first full sentence so that it states: “It is inappropriate, however, to imply an intent to exclude when the contract itself specifies that many laws, only partially listed, affect the enlistment and that unlisted contingencies may cause an alteration in the contract’s agreed-upon terms.”

At page 1022, right column, first new paragraph, to page 1023: delete the material following the citation to Crane and accompanying parenthetical (deletion to begin with “Santiago’s enlistment contract states ... ”) to the end of the paragraph on *551 page 1023 (deletion to end with ... quoted clause of the enlistment contract.).

At page 1023, left column, first new paragraph: At the beginning of the paragraph, delete “In any event” and capitalize the following word “the.”

At page 1023, left column, first new paragraph: modify the second sentence of the paragraph before the block quotation so that it states: “The…