Fill and Sign the Court for of Form

In The United States District Court for the ___________________ (District) of ____________________ (Name of State) ____________________ PLAINTIFF (Name of Plaintiff) V. Civil Action Number _______, _______ _____________________ DEFENDANT (Name of Defendant) Complaint in Federal District Court For a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court-Martial Ordered Discharge . 1. Plaintiff is a United States citizen residing in ___________________ (Name of County) County, _________________ (Name of State) . 2. Defendant is the United States Secretary of Defense. 3. This is an action for mandatory injunctive relief in the nature of mandamus, over which this Court has subject matter jurisdiction. 4. From ______________ (date) , until discharged from military service on __________________ (date) , with _________________ (a bad conduct or a dishonorable) discharge issued pursuant to sentence by general court martial, Plaintiff served on active duty in _______________________ (branch of armed services) . Copies of Plaintiff's discharge and the court martial, order for its issuance are attached as Exhibits A through C , and incorporated by reference. 5. Plaintiff's discharge was invalid, being issued pursuant to court martial proceedings that deprived Plaintiff of the constitutional right to a fair trial and which violated service regulations, in that Plaintiff was denied an opportunity to confront accusers , as is more fully shown by the Affidavit of Plaintiff's counsel at the court martial, proceedings, which is attached as Exhibit D , and incorporated by reference. A copy of the transcript of the court martial, proceedings is also attached as Exhibit E , and incorporated by reference. 6. On _________________ (date) , Plaintiff petitioned the United States Court of Appeals for the Armed Forces to review Plaintiff's court martial conviction, but on _________________ (date) , the Court dismissed the petition. Copies of Plaintiff's Petition for grant of review and of the Court's dismissal are attached as Exhibits F and G , and incorporated by reference. 7. On ________________ (date) , Plaintiff sought relief from the invalid discharge from the Secretary of ______________________ (branch of armed services) by an application channeled through ___________________ (branch of armed services) Correction Board, for replacement of the derogatory discharge by an honorable discharge, but on ________________ (date) , the Board refused the application, and on ________________ (date) , the Secretary of _______________________ (branch of armed services) issued an order affirming the Board's decision. The action of the board and of the Secretary in denying Plaintiff's application was arbitrary and capricious, in that Plaintiff in the application and supporting brief had established Plaintiff's right to the requested relief. Copies of the application, supporting brief, decision of the board denying the application and order of the Secretary affirming the Board's denial are attached as Exhibits G , H , and I , and incorporated by reference. 8. Plaintiff has exhausted all intra-service review and administrative remedies for relief from the invalid derogatory discharge and is therefore entitled to have Defendant provide for the replacement of the derogatory discharge with an honorable discharge, pursuant to Defendant's duty under 10 U.S.C.A. § 1552 to effect changes in military records to correct errors or injustices. WHEREFORE, Plaintiff requests: 1. Defendant Secretary be ordered to cause to be issued an honorable discharge in substitution for Plaintiff's ___________________ (bad conduct or dishonorable) discharge, and to cause all applicable military records to be corrected to reflect that Plaintiff has been honorably discharged from military service; and 2. Such further or alternative relief to which Plaintiff may be entitled. Respectfully submitted, _____________________________ (Name of Plaintiff) By: ________________________________ (Name of Plaintiff ’s Attorney) State Bar No. ____________ One of His Attorneys OF COUNSEL: __________________________ (Name of Plaintiff ’s A ttorney) Post Office Box _______________ ______________________________ City, State, Zip Code Telephone: ____________________ Certificate of Service This is to certify that I, ______________________ (Name of Attorney) , attorney for Plaintiff ______________________ (Name of Plaintiff) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _________________________ (Name of Attorney) Post Office Box ____________ ________________________________ City, State, Zip Code This the _________________ (date) . Respectfully Submitted, ______________________________ (Name of Attorney) State Bar No. _____________ Attorney for Plaintiff OF COUNSEL: ___________________________ (Name of Plaintiff’s Attorney) Post Office Box ________________ _______________________________ City, State, Zip Code Telephone: ____________________ Notice of Motion to Dismiss You are notified that on _______________ ( date) , at ___________ (time) , or as soon thereafter as counsel can be heard, in Courtroom __________ of the _______________Court for ________________ (Name of County) , _________________ (Name of State) , at the __________________ (Name of County) Courthouse at ______________________________ ____________________________________________ (street address, city, state, zip code) , Plaintiff ____________________ (Name of Plaintiff) , by and through his attorney, will bring on for hearing his Motion to Dismiss . Respectfully Submitted, ___________________________ (Name of Attorney) State Bar No. ______________ Attorney for Plaintiff OF COUNSEL: ________________________ (Name of Plaintiff’s Attorney) Post Office Box ____________ ____________________________ City, State, Zip Code Telephone: ____________________