McKenzie

This is., an action for án injunction and declaratory relief. Jurisdiction, is based upon 28 U.S'.C.A; '§§ 1331, 1346, and 2201. ....

Plaintiff, alleges Jn his .complaint that he is an 'aviation machinist .chie'f in the Navy of the United States, áttaehed to Squadron VR-5, locatéd at Naval Air Station, Moffett Field, County of Santa Clara, State of California;, that Captain -R. C. Kirkpatrick-arid, the other defendants ' aré the" commanding, officers!' of Squadron VR-5; that'the defendants, or persons acting under their control 'and .orders, convened a.Board of Officers oh or about March 2, 1956, for the purpose of .recommending that plaintiff be discharged .’ on March 7, 1956, the termination date of his.current enlistment, with,the specific recommendation that plaintiff’'not be recommended for re-enlistment’;- that said Board of Officers was convened and recommended at defendants’ insistence that plaintiff, be discharged without Recommendation for re-enlistment. ".Plaintiff alleges that said hearing was illegal and unconstitutional in that it was. an unreasonable and capricious exercise of its discretionary powers' not to recommend plaintiff for re-enlistment. There follow…