· 11/9/2007
Departamento de Agricultura v. UAW-Unión de Empleados del Departamento de Agricultura
Citations
- 13 T.C.A. 556
- 2007 DTA 127
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an honorable discharge for the convenience of the government in compliance with regulations and without stigma attached does not require notice or hearing
- stating that notice and a hearing are required “only if the discharge, albeit honorable, either casts a stigma on the serviceman or has some derogatory connotation.”
- holding, in that case, “that an honorable discharge for the convenience of the government ..., prior to the expiration of an enlistment, without more, is within legally proper bounds when effected without notice or a hearing”
- stigma attaches when, inter alia, the discharge certificate denotes the separation took place under derogatory circumstances
- “[T]here is no requirement that the discharge authority ‘rubberstamp’ the board’s recommendation without making his own evaluation of the case.”
- “There is no requirement that the discharge authority ‘rubber-stamp’ the board’s recommendation without making his own evaluation of the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: González, Nazario, Ponente, Por, Presidenta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.