David Alan Carmichael v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding an otherwise voluntary discharge may be rendered involuntary if it is obtained as a result of wrongful government action such as duress or coercion
• holding an otherwise voluntary discharge may be rendered involuntary if it is obtained as a result of wrongful government action such as duress or coercion
• remanding for a determination on whether the Navy would have discharged a serviceman even if it had followed proper procedures
• remanding for a determination on whether the Navy would have discharged a serviceman even if it had followed proper procedures
• “A presumption of voluntariness generally exists where an employee ... retires____This presumption of voluntariness logically should extend to a military service member’s honorable discharge upon the expiration of the terms of his enlistment____”
• “A presumption of voluntariness generally exists where an employee tenders his resignation or retires; the plaintiff bears the burden of coming forward with evidence to demonstrate that his resignation or retirement was not voluntary.”

Source: CourtListener parenthetical corpus (CC0).