SCHWALIER v. HAGEL

No. 2014-1113.

776 F.3d 832 (2015)

Terryl J. SCHWALIER, Brig. Gen., USAF, Ret., Plaintiff-Appellant, v. Charles T. HAGEL, Secretary of Defense and Deborah Lee James, Secretary of the Air Force, Defendant-Appellees.

United States Court of Appeals, Federal Circuit.

January 8, 2015.


Attorney(s) appearing for the Case

Edward F. Rodriguez, Jr. , Law Offices, of Fairfax, VA, argued for plaintiff-appellant. With him on the brief was David P. Sheldon , Law Offices of David P. Sheldon, of Washington, DC.

Douglas K. Mickle , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, and Steven J. Gillingham , Assistant Director. Of counsel on the brief was Todi S. Carnes , Air Force Legal Services Agency, General Litigation Division, Military Personnel Law Branch, of Joint Base Andrews, MA.

Before PROST, Chief Judge, REYNA and HUGHES, Circuit Judges.


Following nomination by the President and confirmation by the Senate, Brigadier General Terryl J. Schwalier was scheduled to be appointed to major general in early 1997. Before that time, however, his appointment was delayed and the President later chose not to appoint him. Nonetheless...

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