Opinion · Supreme Court of the United States
Harmon v. Brucker
355 U.S. 579
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1958-04-14
- Topic
- litigation
How later courts describe this case
- holding that district court has "power to construe the statutes involved to determine whether the [Secretary of the Army] did exceed his powers," and that if he did, "judicial relief from this illegality would be available"
- recognizing a “duty to avoid deciding constitutional questions presented unless essential to proper disposition of a case”
- recognizing the “duty to avoid deciding constitutional questions presented unless essential to a proper disposition of a case ... ”
- noting courts' "duty to avoid deciding constitutional questions presented unless essential to proper disposition of a case"
- finding the district court had jurisdiction to review petitioners’ actions seeking declaratory judgments that the Secretary of Army’s issuance of other than honorable discharge certificates were void and in excess of his powers
- “In keeping with our duty to avoid deciding constitutional questions presented unless essential to proper disposition of a case, we look first to petitioner’s non-constitutional claim ***.”
- “Moreover, the claims presented in these cases may be entertained by the District Court because petitioners have alleged judicially cognizable injuries.”
- It is well-settled that a Court should “avoid deciding constitutional questions presented unless essential to proper disposition of a case”
Citator
UpLaw has not yet analyzed Harmon v. Brucker. The absence of a flag is not a finding that it is good law.
- Cited by
- 312 opinions
Headnotes
- Administrative Law — Judicial Review Judicial relief is available to a person injured by an act of a government official that exceeds the official's express or implied powers, and a district court has both jurisdiction to determine its own jurisdiction and power to construe the relevant statutes to determine whether the official exceeded those powers; where the official acted beyond his authority, his action is not an exercise of administrative discretion and is subject to judicial relief.
- Administrative Law — Standing A plaintiff has standing to seek judicial review of agency action where the plaintiff alleges a judicially cognizable injury.
- Military & Military Justice — Discharge A statute granting the Secretary of the Army authority to issue discharge certificates and a companion statute providing for review of that authority by the Army Review Board must be read harmoniously, so that the basis on which the Secretary's discharge action is reviewed is coterminous with the basis on which he is permitted to act.
- Military & Military Justice — Discharge The statutory reference to "records" of the person requesting review means records of military service, and the statute, properly construed, requires that the type of discharge issued to a soldier be determined solely by the soldier's military record in the Army, not by his preinduction activities.
The Secretary of the Army, relying upon 10 U. S. C. § 652a (Act of June 4, 1920, § 1, subch. II, 41 Stat. 809, as amended) and 38 U. S. C. § 693h (Act of June 22, 1944, 58 Stat. 286, as amended), and upon Department of Defense and Army Regulations deemed to be authorized by those statutes, discharged petitioners from the Army and issued to each of them a discharge certificate in form other than “honorable.” In so doing, he took into account preinduction activities of petitioners rather than basing his action exclusively upon the record of their military service. After having exhausted available administrative remedies, petitioners separately brought these proceedings in the District Court seeking judgments declaring those determinations and actions of the Secretary to be void as in excess of his powers under the circumstances, and directing him to issue “honorable” discharge certificates to them. Being of the view that it was without jurisdiction to consider the actions, the District Court dismissed them, 137 F. Supp. 475, and the Court of Appeals affirmed, with one judge dissenting, 100 U. S. App. D. C. 190, 256, 243 F. 2d 613, 834. We granted certiorari, 353 U. S. 956 and 354 U. S. 920.
The respective contentions made here may be summarized as follows:
(1) Petitioners contend (a) that the Secretary acted in excess of his powers, because the statutes referred to did not authorize, nor support Department of Defense and Army Regulations when taken to authorize, consideration of petitioners’ preinduction activities in determining the type of discharges to be issued to them upon
(2) Respondent contends (a) that by 10 U. S. C. § 652a, Congress required that, upon separation from the Army, a former soldier be given “a certificate of discharge, ... in the manner prescribed by the Secretary of the Department of the Army . . (b) that, inasmuch as all certificates of discharge are not required to be “honorable” ones, he was authorized to, and did, prescribe various types of discharge certificates running the gamut from the accolade of “Honorable discharge” to the odious “Dishonorable discharge”; (c) that by 38 U. S. C. § 693h, Congress directed the establishment of an Army Review Board with power to review, upon its own motion or that of the former soldier, the type of discharge issued, and “to change, correct, or modify any discharge or dismissal, and to issue a new discharge in accord with the facts presented to the board,” and prescribed that “the findings thereof [shall] be final subject only to review by the Secretary of the Army”; (d) that the findings of the Board, made under those procedures so afforded to and availed of by petitioners, were final subject only to review by the Secretary of the Army; and-(e) that, therefore, such administrative procedure is exclusive and the courts are without jurisdiction to review those findings.
In keeping with our duty to avoid deciding constitutional questions presented unless essential to proper disposition of a case, we look first to petitioners’ non-constitutional claim that respondent acted in excess of powers granted him by Congress. Generally, judicial relief is available to one who has been injured by an act
This brings us to the merits. The Solicitor General conceded that if the District Court had jurisdiction to review respondent’s determinations as to the discharges he issued these petitioners and if petitioners had standing to bring these suits, the action of respondent is not sustainable. On the basis of that concession and our consideration of the law and this record we conclude that the actions of the Secretary of the Army cannot be sustained in law. By § 652a, which provides that no person be discharged from military service “without a certificate of discharge,” Congress granted to the Secretary of the Army authority to issue discharges. By § 693h it provided for review by the Army Review Board of the exercise of such authority. Surely these two provisions must be given an harmonious reading to the end that the basis on which the Secretary’s action is reviewed is coterminous with the basis on which he is allowed to act. Section 693h expressly 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
The judgments of the Court of Appeals are reversed and the cases are remanded to the District Court for the relief to which petitioners are entitled in the light of this opinion.
Reversed.