Shelton v. Brunson

• Decision Date: 10 December 1971
• Docket Number: Civ. A. No. 5-980.
• Parties: Michael J. SHELTON, Petitioner. v. Carl L. BRUNSON, Col. U. S. Air Force, Commander 3500th Pilot Training Wing, Reese Air Force Base, Texas, et al., Respondents.
• Court: U.S. District Court — Northern District of Texas

335 F. Supp. 186

Michael J. SHELTON, Petitioner. v. Carl L. BRUNSON, Col. U. S. Air Force, Commander 3500th Pilot Training Wing, Reese Air Force Base, Texas, et al., Respondents.

Civ. A. No. 5-980.

United States District Court, N. D. Texas, Lubbock Division.

December 10, 1971.

John J. C. O'Shea, Lubbock, Tex., for petitioner.

Willis T. Taylor, Lubbock, Tex., for respondents.

MEMORANDUM OPINION AND ORDER

WOODWARD, District Judge.

Petitioner has filed his application for a writ of habeas corpus in this Court against the respondents seeking discharge from further service in the United States Air Force, and for certain injunctive relief. A hearing was held on said application in Lubbock, Texas at 2:00 p. m. on December 9, 1971 with the petitioner and his attorney present and the defendants being represented by the United States Attorney. It appears that petitioner is presently assigned to Reese Air Force Base, located within the Northern District of Texas, but that he is under orders to report on January 2, 1972 to another base for an overseas assignment. The Court finds that it has jurisdiction of the parties and subject matter herein.

This Memorandum Opinion shall constitute the Court's Findings of Fact and Conclusions of Law in this case.

Michael J. Shelton enlisted in the United States Air Force in June of 1966. From that time until the present Sergeant Shelton has had a medical history of hypertension and high blood pressure. This was known to his superiors in the United States Air Force at all times material to this matter. In early 1968 various personnel of the Air Force enlisted the interest of Sergeant Shelton in attending the Colorado State University for two years with a view to obtaining a commission upon his completion of that course. Physical examination on or about this time again indicated his high blood pressure, but one doctor, David H. Hild, on December 20, 1967, wrote a letter recommending that a waiver be granted Shelton so that he might enter this program. Shelton testified that he was told by Dr. Hild that such a waiver would also be effective when he had completed his studies and that this waiver would also cover his commissioning some two years hence. The file does not reflect that any waiver was ever issued but it is undisputed that he was admitted to this program and attended the Colorado State University for two years, satisfactorily completing his course there. There is no evidence other than that his service and conduct has been satisfactory in every respect.

Upon completion of this course, and while on leave in 1970, petitioner received a telephone call from Wright Air Force Base (from a sergeant stationed there) to the effect that his commission would be denied him because of his high blood pressure and because of his obesity. On July 7, 1970 notification was issued of the cancellation of his duties at an Officer Training School and ordering him to report to Reese Air Force Base and reducing him from the rank of E-5 to E-3.

Shelton then attempted through the administrative procedures of the Air Force to obtain relief, either through a discharge or by permission to complete the requirements to become a commissioned officer. At his request, reviews of his file and medical records have been conducted by the Air Force. The net effect was to deny his applications for discharge or for continuation in the officer training program. It was determined that he was not physically qualified to be commissioned because of his blood pressure and his weight. These denials for relief were made in spite of the recommendation for a waiver of medical requirements by several Air Force doctors. Petitioner has exhausted his administrative remedies.

In his application for a writ of habeas corpus in this Court, petitioner alleges that he was induced by fraudulent misrepresentations of representatives of the Air Force to enlist in the educational program at Colorado State University in that he was promised that upon completion of this course he would be commissioned. He was further told, according to his testimony, that he would be given a waiver of all physical defects pertaining to his high blood pressure and hypertension. He testifies that in reliance upon these representations, he...