|
|
Harmon v. Brucker, 355 U.S. 579 (1958)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Harmon v. Brucker, 355 U.S. 579 (1958)
Harmon v. Brucker No. 80 Argued January 14-15, 1958 Decided March 3, 1958 * 355 U.S. 579
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Syllabus
The Secretary of the Army issued less than "honorable" discharge certificates to two soldiers, based on their activities prior to induction. This action was sustained by the Army Review Board under 38 U.S.C. § 693h. The soldiers sued in a Federal District Court for judgments declaring that the Secretary had exceeded his authority and directing him to issue "honorable" discharge certificates to them.
Held:
1. The District Court had jurisdiction to construe the applicable statutes to determine whether the Secretary had exceeded his authority. Pp. 581-582.
2. The requirement of 10 U.S.C. § 652a that no person be discharged from military service "without a certificate of discharge" must be read in harmony with 38 U.S.C. § 693h, which requires that the findings of the Army Review Board "shall be based upon all available records of the [Army] relating to the person requesting such review"; the word "records" means records of military service; and the Secretary exceeded his authority in basing these discharges on the soldiers’ activities prior to induction. Pp. 582-583.
100 U.S.App.D.C. 190, 256, 243 F.2d 613, 834, reversed.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Harmon v. Brucker, 355 U.S. 579 (1958) in 355 U.S. 579 355 U.S. 580. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=2KUYMQQT4JPSJVA.
MLA:
U.S. Supreme Court. "Syllabus." Harmon v. Brucker, 355 U.S. 579 (1958), in 355 U.S. 579, page 355 U.S. 580. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=2KUYMQQT4JPSJVA.
Harvard:
U.S. Supreme Court, 'Syllabus' in Harmon v. Brucker, 355 U.S. 579 (1958). cited in 1958, 355 U.S. 579, pp.355 U.S. 580. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=2KUYMQQT4JPSJVA.
|