943 F.2d 49 (4th Cir. 1991), 90-2175, Gwaltney v. Secretary of Navy

Docket Nº:90-2175.
Citation:943 F.2d 49
Party Name:James G. GWALTNEY, Plaintiff-Appellant, v. SECRETARY OF the NAVY, Chief of Naval Personnel, Commander, Naval Personnel Command, Defendants-Appellees.
Case Date:September 06, 1991
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 49

943 F.2d 49 (4th Cir. 1991)

James G. GWALTNEY, Plaintiff-Appellant,

v.

SECRETARY OF the NAVY, Chief of Naval Personnel, Commander, Naval Personnel Command, Defendants-Appellees.

No. 90-2175.

United States Court of Appeals, Fourth Circuit

September 6, 1991

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued June 4, 1991.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-90-1229-N)

Edward Francis Halloran, Virginia Beach, Va., for appellant.

Lt. Ruth G. Thompson, Office of the Judge Advocate General of the Navy, Alexandria, Va. (Argued), for appellee; Henry E. Hudson, United States Attorney, Michael A. Rhine, Assistant United States Attorney, Norfolk, Va., on brief.

E.D.Va.

AFFIRMED.

Before WILKINSON and NIEMEYER, Circuit Judges, and GEORGE ROSS ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

PER CURIAM:

Appellant contends that the district court erred by dismissing his claim on the ground that he had failed to exhaust the available administrative remedies. We affirm the district court's judgment.

I.

Lieutenant Junior Grade James G. Gwaltney had twice been denied promotion to the rank of lieutenant and as a result he was to be released from active duty by September 30, 1989. Gwaltney, however, challenged his discharge and asked to remain on active duty in order to correct alleged inaccuracies in the reports used to determine his fitness for promotion. The Navy extended his active duty status for some time, but informed him that he would be released no later than April 15, 1990.

On April 13, 1990, Gwaltney filed a petition in federal district court essentially seeking to enjoin the Navy from releasing him. The court denied his request for injunctive relief and referred...

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