Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

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1987. Prior to October 7, 1999, Mr. Clark was enrolled in a required correspondence course, Phase II of the Basic Non-Commissioned Officer Course ("BNCOC"). Mr. Clark successfully completed some, but not all, of the sub-courses for BNCOC by correspondence without military pay. 16. On October 7, 1999, Mr. Clark was reduced in grade from Staff Sergeant,

Army Enlisted Grade 6 or "E6," to Sergeant, Army Enlisted Grade 5 or "E5," for failure to complete, without military pay, all of the sub-courses of BNCOC. The reason given for the reduction in grade was "Failure to successfully complete NCO Course (BNCOC PH II) which was a condition of promotion." (Alabama Army National Guard ORDERS 280009). BNCOC Phase II was available to Mr. Clark only as a correspondence course. 17. Mr. Clark was conditionally promoted back to Staff Sergeant on or about

January 2002, pending completion of BNCOC. Mr. Clark successfully completed all sub-courses of BNCOC Phase II by correspondence without pay by on or about May 2002. Mr. Clark has successfully completed other required correspondence courses, including any and all required sub-courses, without military pay. 18. Plaintiff Clark, along with other similarly situated plaintiffs, was required to

take these courses, for among other reasons, to advance in rank, to enter or advance in his military occupational specialty, and/or to obtain or retain certain positions of responsibility. 19. Plaintiff, James P. Davern (hereinafter "Davern"), is a Fuels Specialist and

a Master Sergeant in the Minnesota Air National Guard. He has been in the National Guard since on or about November 1981. Throughout his National Guard career, Mr. Davern successfully completed several required correspondence courses, including but not limited to the Non-Commissioned Officer ("NCO") Leadership Course and the Senior NCO Leadership Course and any and all required sub-courses, without military pay. 20. Plaintiff Davern, along with other similarly situated plaintiffs, was required

to take these courses, for among other reasons, to advance in rank, to enter or advance

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