Military Administrative Discharges: Due Process in the Doldrums

Discharged servicemen, unable to find employment, complain that the military's administrative discharge system violates their right to due process. These servicemen are discharged from military service and return to civilian life without veteran's benefits. This Article examines the role of the administrative discharge, characterized as honorable discharge, discharge due to undesirable service, or discharge due to unsatisfactory performance, and advocates the passage of S. 2247, which restricts discharges to serious patterns of misconduct and requires a hearing. S. 2247 prescribes certain procedures and rights that must be incorporated prior and during the administrative proceedings on discharging servicemen.

The author concludes that S. 2247 balances justice and fair play with the need for a strong and efficient military by protecting the constitutional rights of all servicemen.