separation date was 5:00 P.M., May 15, 1964. On May 14th and 15th, not only was the plaintiff allowed to wear his uniform, but he was under military control.
At the end of the argument on the motion to dissolve the temporary restraining order, the defendant did not request a ruling on what the court found to be the effective separation date but decided to argue the merits and have the court treat the matter as the motion for a preliminary injunction. The matter was continued until the following Monday.
In its resolution of May 5, 1964, the Academic Board stated, among other things,
'In particular the Board finds that Cadet Dunmar engaged in a planned deception of Captain Dillon, the Cadet in Charge of Quarters, his company first sergeant and his company tactical officer'.
In this regard, it should be noted that the Board of Officers found only that Cadet Dunmar had intentionally deceived Dr. Dillon. No finding was made as to deceiving Cadet Salander, Cadet Hudgins or Major Rickard. Because the Board of Officers found only that Cadet Dunmar had intentionally deceived Dr. Dillon, the Board of Officers made no findings that Cadet Dunmar had intentionally deceived Cadet Salander, Cadet Hudgins, and Major Rickard. This being so, the Academic Board had no right to add these three findings. Therefore, in so far as these findings are concerned, they are a nullity, as Cadet Dunmar was not accorded procedural due process.
In so far as the Board of Officers found that Cadet Dunmar violated the Cadet Honor Code by quibbling with intent to deceive Dr. Dillon, this Court finds that Cadet Dunmar was accorded procedural due process. It is evident, from the exhibits and the record in this case, that the evidence against Cadet Dunmar that he was guilty of quibbling with an intent to deceive Dr. Dillon is, at most, very weak, but the Board of Officers found it to be sufficient, as did the Academic Board after reviewing the findings of the Board of Officers. Whatever feeling this Court may have as to whether Cadet Dunmar violated the Cadet Honor Code by quibbling with an intent to deceive Dr. Dillon is of no moment, as this Court cannot substitute its judgment for the judgment of the authorities at the Military Academy. Courts cannot command or regulate the Army or the West Point Military Academy, and if the authorities at West Point accorded to Cadet Dunmar procedural due process, that is all he is entitled to. The Secretary of the Army had the power to separate a cadet from the Corps of Cadets at the Academy for cause.
In view of the fact that the Board of Officers found only that Cadet Dunmar violated the Cadet Honor Code by quibbling, by intentionally deceiving Dr. Dillon in an attempt to gain credit for a confinement, and further in view of the fact that this matter concerns fair treatment by the Department of the Army of its own personnel, and that a dismissal of a four-year student two weeks prior to graduation seems to be an action of such serious nature for the alleged violation of the Honor Code, it might well be that the Secretary of the Army, under these circumstances, might desire to review this case again. Of course, this is entirely within the discretion of the Secretary.
The findings and conclusions having been stated in this opinion, no formal findings of fact and conclusions of law are necessary.
The motion for the preliminary injunction is denied, and the extended temporary restraining order is dissolved. Counsel for the defendant will prepare the appropriate order.
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