I. Whether the acts of officials of the De
partments of Defense and of the Navy are
bound by statute and regulation.

II. Whether a court may find valid an act of
agency counsel purporting to exercise
agency discretion, when the officials en
trusted with it have failed to act in the
first instance, and the court 's judgment
will thereby substitute for the agency 's.

III. Whether the federal separation of powers
permits the judiciary to exercise discretion
with respect to military personnel assign
ments.

IV. Whether the Constitution permits dis
bursements from the federal treasury on
an equitable basis without express statu
tory or regulatory authorization.

V. Whether the entitlement of a uniformed
servicemember to pay and allowances de
pends on work performed or services ren
dered, absent a provision to the contrary
by the applicable statutes or regulations.

Whether the acts of officials of the Departments of Defense and of the Navy are bound by statute and regulation