Berg v. Commander, Fifth Coast Guard Dist., 93-1529

• Decision Date: 07 March 1994
• Docket Number: No. 93-1529,93-1529
• Citation: 27 F.3d 562
• Parties: NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. Roy C. BERG, Jr., Plaintiff-Appellant, v. COMMANDER, Fifth Coast Guard District, Defendant-Appellee. . Argued:
• Court: U.S. Court of Appeals — Fourth Circuit

Page 562

27 F.3d 562

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Roy C. BERG, Jr., Plaintiff-Appellant, v. COMMANDER, Fifth Coast Guard District, Defendant-Appellee.

No. 93-1529.

United States Court of Appeals, Fourth Circuit.

Argued: March 7, 1994.

Decided: June 22, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-92-193-R).

Argued: Thomas Henry Oxenham, III, Oxenham, Rhode & Oxenham, P.C., Richmond, VA, for appellant.

Robert William Jaspen, Asst. U.S. Atty., Richmond, VA, for appellee.

On brief: Helen F. Fahey, U.S. Atty., Richmond, VA, for appellee.

E.D.Va.

AFFIRMED.

Before NIEMEYER and HAMILTON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

PER CURIAM:

Roy C. Berg, Jr., challenges his disenrollment from the United States Coast Guard Auxiliary. The Auxiliary is a volunteer, nonmilitary organization administered by the Commandant of the United States Coast Guard, which has as its statutory goals the promotion of safety, efficiency, training, and compliance with maritime laws and regulations, and effecting rescues on navigable waters. 14 U.S.C. Sec. 822. Membership in the Auxiliary is open to owners of boats, aircraft and radio stations, and others with special training or experience qualifying them for duty. 14 U.S.C. Sec. 823. Auxiliary members "may be disenrolled pursuant to applicable regulations." 14 U.S.C. Sec. 824. The only applicable regulation regarding disenrollment provides:

A member of the Auxiliary shall be disenrolled on request; upon ceasing to possess the qualifications for membership; for cause; upon direction of the Commandant; or upon death.

5 C.F.R. Sec. 5.17.

Berg, who joined the Auxiliary in 1985, was disenrolled in December 1991 for disruptive conduct, prejudicing "the good order" of the Auxiliary and imposing an unacceptable administrative burden on his unit's command. The events leading to the disenrollment decision began with certain disagreements between Berg and other Auxiliary members in his Fifth Southern Region flotilla leading to defamation and assault lawsuits involving the other members. Berg ultimately prevailed in the defamation claim and was acquitted of the assault charges. As a result, the Coast Guard disenrolled Gueline Watson, another Auxiliary member, but it refused to take disciplinary action against other Auxiliary members against whom Berg had grievances. This refusal resulted in an acrimonious exchange of letters and phone calls between Berg and Lt.Willie M. Dupriest, who from July 1991 through May 1992 was the Director of Auxiliary for the Southern Region of the Fifth Coast Guard District.

On October 16, 1991, Lt.Dupriest wrote Berg a letter, informing him that no action would be taken against two Auxiliary...