This section contains the nature of the case and procedural background.

Clyde Fitch's (P) birth date received number 309 under the national induction lottery by the U.S. Army in 1969. An error at the local draft board resulted in the number being transcribed as 132. P was drafted. A year later, while in Vietnam P was informed of the error. P was discharged and filed an action under the Federal Tort Claims Act. The District Court awarded P $11,661 in lost wages and established punitive damages at $20,000. D appealed.

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