IN EXAMINING THE RELATIONSHIP BETWEEN HEIGHT AND JOB PERFORMANCE IN THE MILITARY POLICE, IT IS ASSUMED IN THIS STUDY THAT HEIGHT RELATES ONLY TO PHYSICAL ABILITY TO ENFORCE THE LAW. WHILE ACKNOWLEDGING THAT THE DUTIES OF MILITARY POLICE HAVE A BROADER SCOPE THAN THOSE OF CIVIL POLICE, STUDIES DEALING WITH THE RELATIONSHIP BETWEEN JOB PERFORMANCE AND HEIGHT IN CIVIL POLICE WORK ARE CITED IN FORMULATING CONCLUSIONS AND RECOMMENDATIONS. THE TRENDS FOUND IN MOST OF THESE STUDIES INDICATE THAT SHORTER OFFICERS ARE ASSAULTED MORE FREQUENTLY THAN TALLER OFFICERS. THE MILITARY POLICE REQUIRE A MINIMUM HEIGHT FOR MALES OF 5 FEET 9 INCHES AND 5 FEET 4 INCHES FOR FEMALES. THE SETTING OF THIS MINIMUM HEIGHT FOR MALES IS CONSIDERED PROPER BECAUSE OF EVIDENCE FROM STUDIES WHICH INDICATES THAT SUCH A HEIGHT PROVIDES AN INTIMIDATING PRESENCE THAT AIDS IN BEHAVIOR CONTROL. IN 1975, A HEIGHT REQUIREMENT OF 5 FEET 8 INCHES FOR POLICE OFFICERS WAS UPHELD AS CONSTITUTIONAL IN THE U.S. COURT OF APPEALS. THE IMPLICATION OF THIS DECISION IS THAT A 5 FEET 8 INCH HEIGHT STANDARD IS LEGAL, EVEN IF THE MAJORITY OF FEMALES WOULD BE DISQUALIFIED. THE HEIGHT REQUIREMENT AS AN ASPECT OF RACIAL DISCRIMINATION HAS ALSO BEEN UNSUCCESSFULLY CHALLENGED IN THE U.S. COURT OF APPEALS, ALTHOUGH THERE IS NO EXISTING LEGAL IMPERATIVE, THE MINIMUM HEIGHT REQUIREMENT FOR WOMEN WAS MADE LESS THAN THAT FOR MEN IN THE MILITARY POLICE BECAUSE THE RECOMMENDATIONS OF 65 PERCENT OF SENIOR MILITARY POLICE OFFICERS, WHO MAINTAINED THAT PHYSICAL FITNESS AND ABILITY WERE MORE IMPORTANT TO JOB PERFORMANCE THAN HEIGHT. IN LIGHT OF THIS DECISION, THE QUESTION OF THE FAIRNESS OF A HIGHER MINIMUM HEIGHT FOR MEN THAN FOR WOMEN MUST BE RAISED. CONSIDERING THE EXISTING CONFUSION IN THE MATTER, IT IS RECOMMENDED THAT THE QUESTION OF THE VALIDITY OF THE CURRENT HEIGHT STANDARDS BE SUBMITTED TO THE JUDGE ADVOCATE GENERAL'S OFFICE OR THE DEPARTMENT OF JUSTICE FOR AN OPINION. IN ADDITION, THE POSSIBILITY OF WAIVING HEIGHT REQUIREMENTS FOR PERSONS WHO SUCCESSFULLY COMPLETE A JOB PERFORMANCE TEST IS SUGGESTED. (RCB)