Mitchell Van Bourg v. Paul H. Nitze, Secretary of the Navy’s Empirical Analysis
388 F.2d 557 · 1967
Citation profile
63 federal appellate · 18 district · 4 state decisions
How this case has been cited
Cited by 104 later decisions — most recently December 2016 · most notably Mindes v. Seaman (1971), Carter v. Seamans (1969)
63 federal appellate · 18 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Holmberg v. Armbrecht · Greene v. McElroy · Service v. Dulles · Vitarelli v. Seaton · Harmon v. Brucker
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he function of the [Discharge] Review Board and the Correction Board is to review the type and nature of discharges '■ in order to correct errors or remove injustices. And it is the duty of the judiciary to inquire into an allegedly wrongful and detrimental refusal to grant deserved relief.”
2 later decisions quote this exact passage · from the majority“Naval Regulations, published in Bureau of Naval Personnel Manual, Part C-10311, prescribe five types of discharges: (1) honorable, (2) general (under honorable conditions), (3) undesirable (the equivalent for officers is a discharge ‘under other than honorable conditions’), (4) bad conduct (never issued to officers), and (5) dishonorable (a ‘dismissal’ for officers). Since the vast majority of discharges from the armed forces are honorable, anything less than an honorable discharge stigmatizes the recipient and is punitive in nature.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.