Tennessee v. Dunlap, 426 U.S. 312 (1976)
U.S. Supreme Court
Tennessee v. Dunlap, 426 U.S. 312 (1976)
Tennessee v. Dunlap
No. 75-95
Argued March 22, 1976
Decided June 10, 1976
426 U.S. 312
Syllabus
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.