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

Annotate this Case

U.S. Supreme Court

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

Beard v. Stahr

No. 648

Decided May 28, 1962

370 U.S. 41

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. 370 U. S. 41-42.

Reported below: 200 F.Supp. 766.

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.