Schwalier v. Hagel, No. 14-1113 (Fed. Cir. 2015)
Annotate this CaseFollowing nomination by the President and confirmation by the Senate, Brigadier General Schwalier was scheduled to be appointed to major general in 1997. His appointment was delayed and the President later chose not to appoint him, 10 U.S.C. 624(c). Schwalier argued that he was appointed by operation of law after the delay of his appointment expired and before the President’s decision. The Federal Circuit affirmed the district court finding that the appointment process for senior military officers does not allow for automatic appointments, and a President’s decision not to appoint an officer is unreviewable. The Air Force and the Department of Defense did not act arbitrarily or capriciously by not retroactively appointing Schwalier.
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