Keister v. Resor’s Empirical Analysis

Citation profile

2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear, initially, that the applicable Army Regulation sets forth reasons and provides procedures for excusing absences from training assemblies. See AR 135-91, Section 9. Furthermore, it is required that the reservist be informed at his orientation of the attendance requirements, the excused absence procedures, and the penalty for failure to attend. In addition, the reservist is advised of these provisions again promptly following each unexcused absence. See AR 135-91, Sections 13, 14. Moreover, the regulation requires that a commander who requests the issuance of active duty orders because of a reservist’s failure to attend meetings must certify that these absences were not due to “cogent or emergency reasons.” See AR 135-91, Section 12(2). This procedure places the burden squarely upon the Army to determine that no such reasons exist before activating a reservist. If the Army fails to investigate such a situation when it arises, or if the Army fails to act upon documentation or explanation presented by the reservist which is sufficient to warrant the granting of an excused absence, it has thereby neglected to adhere to its own Regulations, and such neglect is an appropriate issue for review here. . . . (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 371 F. Supp. 319 - Feeny v. Smith

2. ““Findings: Having carefully considered the facts and documents submitted by PVT. Richard L. Keister, Jr., 165-36-5130, incidental to his delay appeal application the Board finds: That the documentation submitted fails to qualify for mitigation or relief from his involuntary call to active duty. “a. A detailed analysis of this case reveals that the administrative factors required to support an involuntary call to active duty for unsatisfactory participation have been consummated. This review included examination of the petitioner’s Military Personnel Records Jacket (DA Form 201) ; 16 September 1970 letter of appeal for relief from call to active duty; and several forwarding command indorsements. “b. The sense of the petitioner’s appeal is directed towards justifying why he knowingly and willingly violated specific guidance concerning his unsatisfactory attendance. His stated extenuation was unanimously reviewed as unsupported and unacceptable grounds for favorable consideration by this Board. “Recommendation (s) : In view of the findings in paragraph 5, the Board recommends disapproval of PVT. Keister’s appeal from his involuntary order to active duty.””

   1 later decision quote this exact passage · from the majority
   e.g. 371 F. Supp. 319 - Feeny v. Smith