Attachment 9 Russian Railway Service Veterans v Stanley Resor - 1971

US District Court, District of Columbia.

[Civ. A. No. 3089-67.]

[324 F.Supp. 271 (1971)]

23 March 1971.

Harry L. Hoskin, individually and as President and representative of all the

Members of the Associated Veterans of the Russian Railway Service Corps, plaintiffs,
V.
Stanley Resor, Secretary of the Army, defendant.

23 March 1971

[Case Details Omitted from this Page]

Action by veterans of Russian Railway Service Corps against the Secretary of the Army for judgment declaring that they were entitled to honorable discharge from Army of the United States. The District Court, Gasch, J., held that veterans of Russian Railway Service Corps were members of Army of United States during World War I and as such were entitled to an honorable discharge therefrom.

Judgment for plaintiffs.

Declaratory Judgment

Action by veterans of Russian Railway Service Corps against Secretary of Army for judgment declaring that they were members of Army of United States during World War I and as such were entitled to an honorable discharge therefrom was not barred by laches, although 50 years had passed since cause of action arose, where plaintiffs had been persistent in seeking to obtain legislative relief and delay had not been unduly prejudicial to government which was able to produce extensive and detailed records, letters, and documents which concerned Russian Railway Service Corps and its members.

Summary of Judgment

[8] There is no question here but that these plaintiffs performed the military's duties to which they were assigned. There is no issue as to pay. They take the position that having been appointed at the direction of the President of the United States by action of the Adjutant General of the Army they are entitled to an Honorable Discharge as a necessary and proper incident to their military service in the absence of any reason for withholding such an Honorable Discharge. The Court agrees.

"[Attachment 9] Russian Railway Service Veterans v Stanley Resor, Secretary of the Army - 1971," in Hearing before the Committee on Venteran's Affairs, United States Senate, Ninety-Fifth Congress, First Session on S. 247, S. 1414, S. 129, and Related Bills, Washington DC: US Government Print Office, 25 May 1977, pp. 323-330.