Tennessee v. DunlapAnnotate this Case
426 U.S. 312 (1976)
U.S. Supreme Court
Tennessee v. Dunlap, 426 U.S. 312 (1976)
Tennessee v. Dunlap
Argued March 22, 1976
Decided June 10, 1976
426 U.S. 312
The National Guard Technicians Act of 1968 provides that a National Guard technician, who is a full-time civilian employee of the Guard, must be a member of the Guard. 32 U.S.C. § 709(b). Employment as a technician may be terminated upon separation from the Guard, § 709(e)(1); for failure to meet military security requirements, § 709(e)(2); or "for cause," § 709(e)(3).
Held: Where respondent's employment as a technician was terminated under § 709(e)(1) when he was separated from the Guard upon expiration of his enlistment, § 709(e)(3)'s requirement of "cause" has no application, and hence § 709(e)(3) cannot provide the foundation for a claim that the termination of respondent's employment and the allegedly arbitrary refusal to reenlist him violated due process. Pp. 426 U. S. 315-316.
514 F.2d 130, reversed.
MARSHALL, J., delivered the opinion for a unanimous Court.
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