The Administrative Discharge: Changes Needed?

At its annual convention in 1968 the American Bar Association adopted a resolution authorizing its Special Committee on Military Justice to urge congressional action with respect to the military administrative discharge and military due process of law. In response to this urging two bills were introduced in the 91st Congress dealing with the administrative discharge of members of the Armed Forces. One was sponsored by Congressman Charles E. Bennett, (D. Fla.). Another was introduced by Senator Sam J. Ervin, (D. N.C.). The Bennett bill proposes amendments to title 10 of the United States Code to limit the separation of members from the Armed Forces under conditions other than honorable, and the Ervin bill proposes extensive amendments to the same title of the United States Code to further insure due process in the administrative discharge procedure followed by the Armed Forces. The purpose of this article is to present a survey of the existing provisions of the various branches of the Armed Forces pertaining to the administrative discharge of military personnel, and to compare and evaluate the proposed legislation.