Helen

On October 29, 1954, plaintiff applied to this Court for a temporary restraining order in an attempt to restrain the defendants from discharging plaintiff from the United States Army except with a certificate of honorable discharge or general discharge under honorable conditions.

At the time of plaintiff’s induction into the Army, on July 29, 1953, plaintiff failed to complete and sign certain forms constituting a loyalty certificate for armed forces personnel, claiming his federal constitutional privilege against self-incrimination. During the summer of 1954 the Army conducted an inquiry into plaintiff’s loyalty, which culminated in a decision to eliminate plaintiff from the Army with an undesirable discharge.

Plaintiff alleged that his Army record was faultless; that the decision to give him an undesirable discharge was based solely on his failure to complete the loyalty certificate and on his conduct, activities, thoughts and associations as a civilian before he was inducted into the Army; and that the regulations which purport to authorize the action so taken are unconsitutional as applied to plaintiff in that they deprive him of property without due process of law.

On…