Beard v. Stahr, 370 U.S. 41 (1962)

Beard v. Stahr

No. 648

Decided May 28, 1962
370 U.S. 41

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Syllabus

After administrative proceedings by an Army Board of Inquiry and a Board of Review under 10 U.S.C. (Supp. II §§ 3792 and 3793) had resulted in a recommendation that the Secretary of the Army remove appellant, a commissioned officer in the Regular Army, from the active list and award him a general discharge, but before the Secretary had taken any action under § 3794, appellant sued in a Federal District Court to enjoin the Secretary from determining whether he should be removed. He claimed that the administrative proceedings were unconstitutional because they deprived him of his office and retirement benefits without due process of law. The District Court sustained the constitutionality of the statute and the administrative proceedings and dismissed the complaint.

Held: the judgment is vacated with directions to dismiss the complaint as premature. Application for a stay is denied. Pp. 41-42.

Reported below: 200 F.Supp. 766.