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RODRIGUEZ v. PENROD

No. 15-1096.

857 F.3d 902 (2017)

Robert W. RODRIGUEZ, Petitioner v. Virginia S. PENROD, Chief of Staff for the Office of the Under Secretary of Defense for Personnel and Readiness, United States Department of Defense, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2017.

Attorney(s) appearing for the Case

Joseph E. Schmitz , McLean, VA, argued the cause for petitioner. With him on the briefs was Paul D. Kamenar , Washington, DC.

Patrick G. Nemeroff argued the cause for respondent. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General at the time the brief was filed, and Marleigh D. Dover , Attorney. Thomas G. Pulham , Attorney, entered an appearance.

Before: Srinivasan, Millett, and Pillard, Circuit Judges.

Lieutenant Colonel Robert Rodriguez, a retired member of the Army National Guard, claims that the Army unlawfully relieved him of command in retaliation for whistleblowing, in violation of the Military Whistleblower Protection Act of 1988 ("Whistleblower Act"), 10 U.S.C. § 1034. But first we must decide where Rodriguez...

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