Administrative Law and Procedure - Armed Services - Military Discharge

The United States Court of Appeals for the District of Columbia has held that a determination of whether the discharge of a homosexual serviceman was arbitrary, capricious, or unlawful cannot be made by a reviewing court without a reasoned explanation by the Air Force of what unusual circumstances will permit exception to their general policy of separating homosexuals. Matlovich v. Secretary of the Air Force, 591 F.2d 852 (D.C. Cir. 1978