Pickell

MEMORANDUM OF DECISION

This suit is brought by Douglas Pick-ell, an enlisted man in the United States Navy, to restrain his separation from the Navy with an undesirable discharge. 1 A Navy Field Board recommended that Pickell be given an undesirable discharge under Bureau of Personnel Manual (Bupersman) Article 34-20220(3) (g) for possession of marijuana. His Commanding Officer and the Chief of the Bureau *1088 of Naval Personnel concurred in this recommendation. Plaintiff then brought this present action to restrain his separation from the Navy and to have his undesirable discharge declared invalid.

The case is presently before the Court on the plaintiff’s motion for a preliminary injunction to restrain the Navy from discharging him during the pend-ency of this action and on the Government’s motion to dismiss the action. A temporary restraining order was granted by this Court and has continued in force and effect until now.

The essential facts are that on October 24, 1968, plaintiff enlisted in the Navy for four years. After some initial training, he was assigned to Moffet Field Naval Air Station on November 26, 1969. On March 23, 1970, the incident which eventually led to the…