Novak

Petitioners, Ronald G. Novak and Gary D. Bowie, are currently enlisted in the United States Navy for terms of six years. By petitioning for a writ of habeas corpus they seek to be discharged, alleging that the Navy has materially breached its contractual obligation by failing to place petitioners in a Nuclear Field Training Program. In this era of a volunteer military establishment, modern contract principles apply to military enlistment contracts. Peavy v. Warner, 493 F.2d 748 (5th Cir. 1974); Matzelle v. Pratt, 332 F.Supp. 1010 (E.D.Va.1971). As with any private party, the Navy must fulfill its contractual promises and must be straightforward in its contractual dealings. In recruiting, the Navy must accurately inform prospective enlistees of both the available educational-training opportunities and the stringent qualifying criteria for these attractive programs. Without this candid appraisal of the benefits as well as the burdens, the Navy cannot expect to foster credibility among prospective recruits. Without candid disclosure and a commitment to follow through on recruitment promises, a volunteer Navy cannot function. Above all other contracting parties the Government…