and the petition for review was denied. The plaintiff appealed to the Board for Correction of Naval Records, which affirmed the decision of the Board of Review.
The present action is predicated on the contention that the plaintiff was entitled to see the confidential reports which formed part of the material on which the Navy Department had acted and to be confronted with witnesses. This contention is based upon a decision of the Court of Appeals in Bland v. Connally, 110 U.S.App.D.C. 375, 293 F.2d 852.
We do not reach the question, however, that is raised by the plaintiff because in the instant case the plaintiff knowingly and deliberately waived his rights by submitting a resignation of the type that he presented, and did not at the proper time either request a hearing, or an opportunity to inspect the confidential reports. In that respect, the Bland case is inapplicable for no such waiver was present there.
The resignation was deliberate and was submitted knowingly on advice of counsel. There is no contention that it was obtained by duress, or that the plaintiff was mentally incompetent, or that the resignation was prepared at a moment's notice without deliberation. A month elapsed between the receipt of the charges and the submission of the resignation. In the meantime, the plaintiff conferred with his counsel on more than one occasion, who apparently explored the matter thoroughly.
It is claimed that the resignation was not voluntary because the plaintiff was informed by his counsel that he would not be given the privilege of seeing the confidential reports. Obviously this circumstance does not render the resignation involuntary. If the plaintiff wanted to preserve his rights, he should have made a request to see the reports.
At the hearing before the Board of Review, the circumstances under which the resignation was submitted were examined in detail and a considerable amount of testimony was introduced concerning them. The Board saw no reason for disregarding the resignation and the waiver contained in it. Counsel was informed by a representative of the Board of Review that:
"The fact that [Petitioner], prior to his separation, did not appear for or request a hearing, and did not ask that he be confronted with witnesses against him, but tendered his resignation, distinguishes his case from that of Bland, cited in your brief."