J. W. Schwartz, Individually and as Commanding General of the United States Army, Letterman General Hospital v. Napoleon Covington

On April 21, 1961, at the expiration of an enlistment prior to the one under consideration here, appellee, a Sergeant in the United States Army, was given an honorable discharge, with a recommendation for re-enlistment. At the time of the 1961 discharge, appellee had completed 16 years of active military service, including duty in World War II and the Korean War. His conduct was such that he was awarded many decorations and his record was devoid of disciplinary action of any character. An investigation was made in 1960 relative to an alleged involvement by appellee in homosexual activity. During said investigation statements were taken from certain individuals. Without any ultimate finding the investigation was soon closed and no action taken.

Within three days after his honorable discharge in 1961, appellee re-enlisted. Subsequently, while stationed at Letterman General Hospital, San Francisco, a further investigation into alleged homosexual activity was undertaken by the Army. On October 2, 1962, a board of officers was convened, pursuant to Army Regulation No. 635-89, to consider the matter. The proceedings before this board were disapproved by the Adjutant General, on the…