Denied Military Enlistment Appeal

Motion for Declaratory Relief and Injunctive Relief [Court Name][Case Number] Plaintiff: [Your Name] Defendant: United States Department of Defense [Your Address][Defendant's Address] I. Introduction Plaintiff, [Your Name], respectfully requests this Court to enter a declaratory judgment finding that the Defendant's actions in denying Plaintiff's enlistment in both the United States Navy and Marine Corps were unlawful and a violation of Plaintiff's constitutional rights under * U.S.C. § *. Plaintiff further requests this Court to issue a permanent injunction prohibiting Defendant from further denying Plaintiff's enlistment based on the invalid criminal record. II. Jurisdiction and Venue This Court has jurisdiction over this matter pursuant to * U.S.C. § *, as this action arises under the Constitution of the United States. Venue is proper in this district because [state reason for venue, e.g., Defendant's principal place of business or where the events giving rise to the claim occurred]. III. Facts [Clearly and concisely state the facts of the case, including the following:] Plaintiff's attempts to enlist in both the United States Navy and Marine Corps. The military's initial indication of acceptance in both cases. The subsequent denial of enlistment in both cases based on a criminal record. Plaintiff's belief that the criminal record is invalid or should not be considered. Any relevant evidence, such as witness testimony or documentation, supporting Plaintiff's claims. IV. Legal Claims A. Violation of Due Process Rights under * U.S.C. § * Defendant, acting under color of state law, violated Plaintiff's Fifth Amendment due process rights by denying Plaintiff's enlistment without a fair hearing or considering all relevant factors. B. Violation of Equal Protection Rights under * U.S.C. § * Defendant's treatment of Plaintiff was discriminatory and violated Plaintiff's Fourteenth Amendment equal protection rights. Similarly situated individuals with legal convictions were not denied enlistment. Fair and Impartial Review: The regulation emphasizes the importance of a fair and impartial review of applicants' qualifications. If you believe the military did not conduct a thorough or unbiased review of your case, this could be a potential inconsistency. Consideration of All Relevant Factors: DoDI *.* requires the military to consider all relevant factors when making enlistment decisions. If the military failed to consider factors in your favor or gave undue weight to negative factors, this could be a violation of the regulation. Consistency with Established Criteria: The regulation outlines specific criteria for eligibility, such as moral character, physical fitness, and educational requirements. If the military denied your enlistment based on factors that were not consistent with these criteria, this could be a violation. Treatment of Similarly Situated Individuals: If you can demonstrate that individuals with similar qualifications or offenses were not denied enlistment, this could suggest that the military's decision was discriminatory and inconsistent with the regulation.. C. Violation of Military Regulations Defendant's actions in denying Plaintiff's enlistment were inconsistent with applicable Department of Defense regulations, specifically [cite relevant regulations, such as DoDI *.* or service-specific regulations]. These regulations require a fair and impartial review of applicants' qualifications, including criminal records. V. Prayer for Relief WHEREFORE, Plaintiff respectfully requests this Court to: Enter a declaratory judgment finding that Defendant's actions were unlawful and a violation of Plaintiff's constitutional rights under * U.S.C. § *. Issue a permanent injunction prohibiting Defendant from further denying Plaintiff's enlistment based on the invalid criminal record. Award Plaintiff such other relief as this Court deems just and proper. Respectfully submitted, [Your Name] [Your Attorney] [Your Attorney's Contact Information]

FEDERAL COURT WESTERN DISTRICT OF PA'

IS THE LAW PROPER

WHAT LAW DID THE MILITARY VIOLATED HERE

YES

I HAVE MY WIFE SHE WAS WITNESS WHO DROVE ME THERE, AND THEY ACCESSED MY GRANDFATHER THROUGH COMPUTER, AND DENIED ME.