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0-19 (Rev. 10-29-57} aoso4 ee es a eal ervice Record Ruled Inly Discharge. Basis , and Howard h) its, former servicemen from Ney, York. Both were given Pen ta t te mo Supreme Court ruled & Until yesterday no court had “to 1 yes at the Secre-jinterfered with the military tary of the Army cannet con-|Secretaries’ discretion in fix- sider a soldier's preinductionjing the mature of discharge. activities in deciding the na-|Federal courts are now o ture of his discharge. notice that they can. y ruling on the two cases before it, the Court also threw/*¢view Is Ordered Charges against ouj the Government's argu-| The Court ordered the Dis-jalso included a letter be had mént that the type of disjtrict Court here to review “injwritten after induction urging charge a serviceman~receives|the light of this opinion” cases'financial help for the defense isfmot subject to court review.jinvolving John armon IHjof Smith Act cases. The Jus- ee _ . tice Department indicated it fh, ; ‘felt this was a trivial charge.. + Presumably, beth will now be. Disakarqes given honorable discharges. : Lawyers for the two men said close to 700 other servic @en have been given less-than- ‘honorable discharges (solely because of pre-induction activ- \ ity. Presumably they, too, will be upgraded &s a result of the decision. iNo Army Comment The Army had no comment on the effects of the decision. Several months ago, however, it stopped considering pre-in-| duction activities. The Court in an unsigned opinion disposed of the juris- dictiooa!) question quickly. Federal courts have authority to construe laws under wh’ * discharges are awarded to termine whether the Secretuiy éxceeded his power, it said. “If he did so... judicial relief from this legality would be available,” said the Court. ; Once this was settied, the overnment's case evaporated. ustice Department lawyers d conceded reluctantly in rarargemenis KA ri wl Pit. 7 a < i rr. ‘e we O inenil th 1998 last mereettr~eiret LLeA NG: gee A Belmont _f Mohr Neas Parso Ros Tam Trotter ° Clayton Tele. Room .. Holloman —. Gandy " Justice Tom C. Clark’ wi mae Jone dissenter. He felt Was the intent of Congress | e the executive branch e pl “Jurisdiction - ever eblrges. . Clark also differed from th Majority on use of pre-i tion activities, The “att creating the _Army Revie ‘Board, which reviews dis icharge appeals, provides i findings shall be -bashi agon “all available recordg i Army has on the m rk said the majority inged “all” to “some.” 4 Pa © Wash. Post analy. “Times Herald Wash, News Wash. Star N. Y. Herald —_— Tribune N. Y. Journal-_—_ American N. Y. Mirror N. Y. Daily News N. Y. Times Daily Worker —_ The Worker New Leader Date