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involuntarily released from FTNGD unless release is approved by the Secretary of the Army. (2) Process recommendations for active duty length of service retirement actions per AR 635-100 (Officers) or AR 635-200 (Enlisted) AR 635-10 and this regulation. ~. The SPMO will initiate separation and REFRAD actions as soon as possible after approval. d. AGR soldiers may request a release from active duty (REFRAD) physical prior to release from FTNGD. SPMO will advise AGR soldiers of this provision. However, failure to complete REFRAD examination wil! not be grounds for retention in AGR status on FTNGD.
6-2. Medical separation
the provisions of AR 135-18 ~-~ graph 2-3i prior to approval of requests for separation. ~. AGR soldiers will not be separated under provisions of this paragraph until final approval of The Adjutant General or a member of the primary staff as defined within this regulation. f. SPMO will request separation orders IAW NGR 510-10. DD Form 214 will be prepared for AGR soldiers separated under provisions of this paragraph. 6-4. ~anda~ory separation will be separated AGR soldiers without Board action for reasons stated below regardless of the expiration dates of their current periods of duty. Retention is not authorized. Separation for cause procedures need not be used. Soldiers will be given at least 30} days notice of separation. a. Separation is required when-(i) Officers reach MRD IAW NGR 635-100 or complete 20 years of Active Federal Service IAW AR 635-100. (2) Enlisted AGR soldiers reach age 60. Extensions are not authorized. (3) Enlisted AGR soldiers complete tota! years of Active Federal Service for current grade per table 5-1 of this regulation. Extensions must be approved by NGB-ARM, Washington, DC 20310-2500. (4) Failure to obtain, or the !oss of required security clearance. (5) Conviction by civilian or military authorities for a disqualifying offense UP of N~R~ 635-100, 600-100, 600-101, 600-200. (~) AGR soldier has !ost Federal recognition. (~) Officers twice non-< ] selected according to provisions of AR 135-155.
a. AGR soldiers undergoing extensive medical treatment, or medica! board proceedings for line of duty (LOD) related injuries or diseases will be retained in AGR status until final disposition by medical authorities. b. AR 635-40 will be used to separate AGR soldiers as a result of physical disabilities.
6-3. Voluntary separation a. Requests for voluntary separation will be forwarded through command channels to the SPMO.
b. NGR 600-100 and NGR 600-200 apply to pregnant soldiers requesting voluntary separation. ~. SPMO will ensure that service obligations are satisfied before approving requests for separation or retirement. See AR 351-1, paragraph 8-3. d. SPMO will develop procedures to inform AGR soldiers of
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(8) Failure to successfully complete PDP requirements. (@) AGR soldiers have been non-selected by an AGR continuation board. (i0)) Failure to meet MOS or AOC qualification standards. b. AGR soldiers will not be separated under provisions of this paragraph until final approval by The Adjutants General. 6-5. Separation for cause and procedures AGR soldiers will be involuntarily separated for cause from Full-Time National Guard Duty IAW the provisions and procedures of this paragraph. Adjutants General will review all recommendations for separation under this paragraph and will make the final determination. This authority wil! not be delegated. Adjutants General, as the approving authority, may not initi~,/ ate separation actions under provisions of this paragraphs. a. Guidelines for involuntary separation. (I) Counseling or a letter of reprimand will be initiated by a commander or supervisor when an individual's degree of efficiency, manner of performance of duty, military conduct, or the commission of any derogatory act makes such action appropriate. Normally, counseling statement(s) or a letter of reprimand will be documented in individual's military records according to AR 600-37 before initiating involuntary separation actions against an AGR member, unless the reason for release would not require such action. Individuals being counseled will verify acknowledgment of counseling (2) When deciding whether ~ to tary initiate procedures for following separation, the involunfactors may be considered: (a) The seriousness of
the events or conditions that form the basis for initiation of separaproceedings. Also consider the effect of the member's continued retention on military discipline, good order, and morale. (b) The likelihood that the events or conditions will continue or recur. (o) Whether the actions of the member resulted or are likely to result in an adverse impact on accomplishment of unit missions. (d) The member's ability to perform full-time support duties in a reasonable manner. (e) The member's potential for further service. (f) The member's military record. This includes past contribution to the ARNG, assignment, awards and decorations, evaluations, ratings, letters of commendation, letters of reprimand or admonition, counseling records, records of nonjudicial punishment, and records of involvement with civilian authorities; and any other matter deemed relevant by separation authority. (~) Possibility of reassigning memberb. In addition to the provision of AR 135-18 paragraphs and 5-1c the following 5-1b(1) apply: (1) Involuntary separation for cause recommendations will be made by the commander or supervisor at the level commensurate with the full time duty AGR soldier's position (FT$ Staffing Guide Position). (2) This commander or supervisor will refer the written recommendation for involuntary separation to the AGR soldier for comment. (3) The AGR soldier will be given 15 days from receipt to rebut or comment and return the
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recommendation to the commander who will forward through command channels to the Adjutant Genera!. (4) AGR soldiers may be given the opportunity but will not be required to request voluntary release in lieu of involuntary separation. (5) AGR soldiers pending involuntary separation under this paragraph will be advised of and provided assistance, if they of a JAGC officer in request, preparing rebuttals. If JAGC assistance is not reasonably available, the 15 day provision in paragraph 6-5a(3) may be waived by The Adjutant General. (6) Include in orders for soldiers released from FTNGD a statement regarding entitlement to separation pay under I0 USC 1174(o)(1) and (2) if applicable. See DODPM, paragraph 40422 and AR 37-104-3 paragraph 30-11. (T) The AGR Management Section will prepare DD Form 214 IAW AR 635-5 and AR 635-5-1. c. Reasons for involuntary separation under this paragraph include-(I) Inappropriate p~ofessional and personal conduct. (2) Moral or professional dereliction. (~) Loss of professional qualifications required for the performance of assigned duties. (4) Substandard duty performance. (5) Acts of expressed sentiments of racism, sexism, or prejudice against ethnic or religious groups. (6) Failure to attain and maintain medical, physical fitness and weight standards. 6-6. Elimination or downgrade of SPMD position AGR soldiers affected by changes in FTS staffing guide requirements, end-strength and grade ceiling limitations will be administered as follows:
a. The SPMO will establish ~ procedures to select fully qualified soldiers for reassignment from AGR soldiers affected by force structure changes or changes in FTS staffing guide requirements. b. AGR soldiers may be retained in an excess or ove~grade status, as appropriate, for not more than ~ year after the effective date established by NGB-ARM. ~. AGR soldiers carried in an excess or overgrade status due to force structure changes, or changes in FTS Staffing Guide requirements wil! be offered, in writing, the opportunity to fil! vacant positions. These soldiers wil! be given priority over other soldiers in filling vacant, authorized positions for which they are qualified. d. AGR cor~missioned and warrant officers carried in excess status and not reassigned to valid SPMD positions within 1 year after the effective dates established by NGB-ARM will be separated from the ASR Program. e. AGR enlisted soldiers who ~ year are in overgrade status after the effective dates established by NGB-ARM will be reduced to the authorized military grade of the SPMD position or be separated from the AGR Program. 6-7. Retirement processing Satisfactory service in AGR status, Full-Time National Guard Duty, is creditable as qualifying service for both Active Service (i0 USC 1293, 3911, 3914, and ~917) and Non-Regular Service retirement (i0 USC 1331). a. AGR commissioned and warrant~--~ officers will retire after completing 20 years Active Federal
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~.~Service unless extended retirement authority. Requests for by proper will be processed IAW AR 635-100, 635-101.
b. Enlisted soldiers will retire in the grade held on the date of retirement IAW AR 635-20.0, chapter 12. Those who are eligible under i0 USC 3964 will be advanced to the highest grade held satisfactorily on active duty when their active duty plus retired service equals 30 years.
AR 40-501 Standards of Medical Fitness. /b~ 135-18 The Active Guard/Reserve (AGR) Program. AR 350-15 The Army Physical Fitness Program. AI{ 600-9 The Army Weight Control Program AR 600-50 Standarads Personnel. of Conduct for for DA
o. Officer retirement packets will be forwarded to NGB-ARP for initial processing and publication of retirement orders. In addition to documents required in AR 635-100 include-(I) DA Form 1506 (Statement of Service). (2) All DD Form 214's. (3) All NGB Form 23's and/or other reserve forces component ~.~reti~ement point sheets. d. AGR enlisted soldiers will submit requests for retirement IAW AR 635-200 and state policy to the Adjutant General who is the approval authority. e. States make arrangements with servicing STA/STP for processing soldiers for final separation/ retirement (AR 635-10) and discharge from the State.
f. SPM0 will notify AGR soldiers of 18 years active Federal service and basic retirement information and processing requirements.
/bq 635-35 Separation Documents.
AR 635-5-1 Separation Program Designators. AR 635-100 Personnel Separation Officer Personnel.
AR 635-200 Personnel Separations Enlisted Personnel.
NGR 600-101 Warrant 0fficers-Federal Recognition and Personne! Actions.
NGR 600-200 Enlisted Personnel Management. NGR 635-100 Termination of Appointment and Withdrawal of Federal Recognition. Section II Related Publications (K related publication is merely a source of additional information. The user does not have to read it to understand this regulation.) D0D 5010.I@c Defense Management Education and Training.
APPENDIX A References Section I Required Publications
~./ AR 37-104-3 Military
Pay & Allowances Procedures-Joint Uniform Military Pay System (JUMPS-ARMY)
]9
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DA Pam 60-3 Professional Development and Utilization.
DA Pam 351-4 U.S. Army Formal School Catalog. DA Pam 351-20-Series UoS. Army Correspondence Course Catalog.
AR 135-180 Qualifying Service for Retired Pay Nonregular Service.
AR 135-200 Active Duty for Training and Annual Training of Individual Members. A~ 135-205 Enlisted Personnel Management System. A~ 210-50 Family Housing Management AI{ 350-1 Army Training AR 350-37 Individua! Training Evaluation Program (ITEP) . AR 350-41 Army Forces Training. AR 351-1 Individua! Military Training. Education and
FORSCOM~/TRADOC Reg 135-3 United States Army Reserve School.
FORSCOMJTRADOC Reg 350-2 Reserve Component (U.Z., A~m~) Training.
FORSCOM Circular 351-Series FORSC0~/TRADOC Area NBC Schools Schedule Ful!-Time Support (FTS) Programs.
FORSCOY Circular 351-Series FORSC0~/TRADOC Area NBC Schools Schedule FY CPR 400, Chapter 410 Training
~ 15-6 Boards, Commissions, and Committees Procedures for Investigating Officers and Boards of Officers.
A!{ 25-400-2 The Modern Army System (MARKS). Record Keeping
AR 600-8-1 Army Casulty and Memorial Affairs and Line of Duty Investigations.
AR 600-8-2 Suspension of Favorable Personnel Actions (Flags).
AR 600-20 Army Command Policy and Procedures.
A~ 37-106 Finance & Accounting for Installations; Travel & Transportation Al!owances. AB 40-3 Medical, Dental, and Veterinary Care
A~ 600-37 Unfavorable Information
AR 600-85 Alcohol and Drug Abuse Prevention and Control Program.
~ 40-121 Uniformed Services Health Benefits Program
AR 55-71 Transportation of Personel Property and Related Services.
AR 600-105 Flying Status for Nonrated Army Aviation Personnel.
A~ 600-106 Aeronautical Designations and Flying Status for Army Personnel.
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NGR (A]~) 600-5 AR 635-40 Physica! Evaluation for Retention, Retirement, or Separation.
21
~-./AR 600-200 Enlisted Personne! Management System. AR 611-101 Commissioned Officer Specialty. AR 611-201 Manual of Warrant Officer Military Occupational Specialities. AR 611-112 Enlisted Career Managemenat Fields and Military Occupational Specialities.
AR 638-40 Care and Disposition of Remains.
AR 640-2-1 Personnel Qualification Records.
AR 640-3 Identification Cards, Tags, and Badges.
AR 640-10 Individual Military Personnel Records. AR 640-30 Photograph for Military Personnel Files. AR 670-1 Wear and Appearance of Army Uniforms and Insignia. AR 672-5-1 Military Awards. AR 675-5-2 Decorations and Awards. AR 700-84 Issue and Sale of Personal Clothing. NGR I0-i Organization and Federal Recognition of ARNG Units. NG~A 37-104-3 Military Pay and Allowances - ARNG. NGR 40-3 Medical Care for ARNG Members. NGR 40-501 Examinations ARNG. for Members of the
AR 612-10 ReaSsignment Processing and Army Sponsorship and Orientation Program.
AR 612-11 The Army Sponsorship Program.
614-6 ~.~Permanent Change of Station Policy.
A]~ 614-200 Selection of Enlisted Soldiers for Training & Assignment. AR 621-5 Army Continuing Education System AR 623-1 Academic Evaluation Reporting System.
AR 623-105 Officer Evaluation Reporting System. AR 623-205 Enlisted Evaluation Reporting System. AR 630-5 Leave, Passes, Permissive TDY, and Public Holidays.
~.~
AR' 635-i0 Processing ation.
NGR 310-10 Military Orders. Personnel for SeparNGR 350-1 Training ARNG.
21
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NGR 351-1 Individual Military Education and Training. NGR 351-5 Officer Candidate Training. NGR 351-15 U.S. Army Sergeants Major Academy. NGR 351-21 Senior Services College. NGR 600-3 Line of Duty Determinations. NGR 600-7 Active Army Full-Time Manning Personnel. NGR 600-21 Army National Guard portunity Program. NGR 600-23 Nondiscrimination Assisted Programs. in Equal Op-
~GR, 635-I01 , Physical Fitness rr±clency ana Boards. NGR 635-102 Officers and Warrant Officers Selective Retention. BJGB Pam 37-100 Army National Structure. Guard Management
NG Pam 37-104-3 Unit Level Military Pay Procedures, ARNG. NGB Pam 37-104-10 State Level Military Pay & Al!owances Procedures, ARNG.
NGB Pam 600-8-1 Standard Installation Personnel System.
Division
Federally
NGB Pam 600-8-3 Standard Installation Division Personnel System. NGB Pam 600-15 Army National Guard Incentive Program. NGB Pam 601-200 Army National Program. Guard Recruiting
NGR 600-100 Commissioned Officers-Federal Recognition and Related Personnel Actions. NGR 600-105 Aviation Services of Rated Officers. NGR 600-106 Flying Status for Nonrated Army Aviation Personnel.
NGR 601-1 Recruting and Retention Resource Management.
NGB Pam 601-280 Army National Guard Retention Program. HSC 40-21 Health Service Regions Service Areas. and Health
NGR 604-10 Military Personnel Security Program.
NGR 611-110 Selecting, Processing, and Designating ARNG Aviators.
CTA 50-900 Organizational Clothing and Equipment. DODPM Department of Defense Military Pay and Allowances Entitlements Manual.
JFTR
Joint Federal Travel Regulations.
22
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23
APPEND I X B Certificate of Agreement and Understanding Section I. Applicability a. Army National Guard commissioned officers, warrant officers, and enlisted soldiers applying for initial entry into the Active serve (ASR) program must sign this certificate of understanding and agreement prior to issuance of AGR orders. b. This form will be completed only once and will remain in force during the entire period the individual serves on Full-Time National Guard Duty, unless certificate is revised by CNGB. Individuals who incur a break in service of more than 24 hours will be required to complete a new certificate prior to issue of AGR orders. c. A copy of this certificate will be given to the individual, and a copy will be filed permanently in the AGR Management files. Section I~ - Active Guard Reserve (AGR) Condition6 and Obligations (Soldier wil! initial on appropriate line) I am applying for an initial AGR Full-Time National Guard Duty under Title 32 USC 50~(f). If ordered to Full-Time National Guard Duty, I will not be reasigned for at least the first 18 months of my initia! tour, except as prescribed in (7) below. If my current AGR tour is extended with my consent, or if I enter a subsequent AGR tour, I am aware that I may be reassigned without my consent and without geographical limitations within the boundaries of to meet the needs of the service at that time, or at any time thereafter. I understand that failure to comply with orders may subject me to appropriate administrative action and proceedings under Code of Military Justice. (All soldiers must initial this line). I understand upon initial entry in the AGR program: a. I will be subject to the Code of Military Justice. b. I will be managed under the regulations and policies that apply to the Army National Guard. c. I will be eligible for consideration for retention on Ful!-Time National Guard Duty by meeting the requirements established for the AGR Program, provided an authorized AGR position is available. d. I am aware that prior to completing my initial 3 years in the AGR program and every 5th year thereafter my records will be reviewed and evaluated by an AGR Continuation Board. This Board will make recommendstions to the State Adjutant General as to my continuation in the AGR Program. The decision of the Adjutant Genera! as the approving authority is fina!. Recommendations will be based upon criteria established by regulations, manner of demonstrated performance, and compliance with AGR Program policies.
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I am aware that the AGR Program will require successful completion
of resident and non-resident courses of instruction given by military or civilian institutions. Residency at such institutions may require periods of time away from family and duty station. Failure to satisfactorily complete a course of instruction is grounds for separation from the AGR program. f. I am aware that continuation in the AGR Program beyond my initial orders or any subsequent orders is neither mandatory nor automatic. g. I am aware that during the first 18 months of my initial period of duty in the AGR Program, I will be subject to the following: (I) If the ARNG seeks to utilize my services elsewhere as a result of my demonstrated ability, but not as a result of job elimination or promotion selection, and if such a transfer would require a Permanent Change of Station (PCS) , I have the option to accept or decline the reassignment order. (2) I am also aware that I may be subject to or may be offered the opportunity to relocate to another assignment and/or PCS to another AGR position for which qualified if my present FTS position is abolished or downgraded as a result of changes to force structure or manpower authorizations. (3) I may be reassigned to another ~nit, location, or duty assignment when directed by the needs of the service. When possible, the reassignment will be to a position commensurate with the military grade established for the full-time support position and MOS. Reassignment beyond a reasonable commuting distance, requiring PCS according to the Joint Federal Travel Regulations, is not authorized during my stabilized tour of duty, except as provided in paragraph ~(I) or (2) of this certificate. ~. I am aware that when I enter on Full-Time National Guard Duty I must enroll in the Army Standard Pay Method (SURE-PAY) program and that I will be paid via the Direct D~po~i%/Elec%monie Funds Transfer system to a financial institution of my choice for credit in my personal account. i. I understand that entry on Full-Time National Guard Duty as an AGR soldier does not make me eligible for Active Duty Veteran's Administration educational benefits. j. I am aware that my voluntary entry into the AGR Program does not guarantee that I will attain 20 years of Active Federal Service for retirement. Section I have been counseled on and understand all of the conditions and service requirements in this certificate. No other conditions or promises were made to me as a condition of my service on Full-Time National Guard Duty in the AGR Program.
Date Signed
Typed or Printed Name ~ Rank Typed or Printed Name & Rank of Counselor
(Signature) (Signature)
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~.~GLOSSARY
Section I Abbreviations AA Active Army AFS Active Federal Service AGR Active Gm~d/Re~e~ve APFT Army Physical Fitness Test
ILO in lieu of
MEPF Military Station Entrance and Processing
MILPO
Military Personnel Officer
Memorandum of Instruction Mandatory Removal Date NGB National Guard Bureau ocs Officer Candidate School
Permanent Change of Station
ARNG Army National Guard
AT Annual Training
C~GB
Chief, National Guard Bureau
~..~DARNG Director, Army National Guard DODPM Department of Defense Pay Manual
Full-Time National Guard Duty
PDP Professional
Development Program
PFT Physical Fitness Training POTO Plans, Officer
Operations and Training
FTRF Full-Time Recruting Force
Release from Active Duty
FTARF Full-Time Attrition Retention Force
FTS Full Time Support
SPMD Support Personnel Manning Document
SPMO
support Officer Personnel
Management
FTUS Full Time Unit Support lAW In accordance with IDT Individual Duty Training
IET Initial Entry Training
TAG The Adjutant General
Section Terms
25
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NGR (~) 600-5
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Active Guard/Resemve For the purpose of this regulation only, Active Guard/Reserve refers to Army National Guard soldiers serving on Full-Time National Guard Duty under section 502(f) , title 32, United States Code. Soldiers are on FTNGD (other than for training or AD in the Active Army) for 180 days or more for the purpose of organizing, administering, recruiting, instructing, or training the Army National Guard. Adjutants General Primary Staff For the purposes of this regulation only, the Adjutants General primary staff is considered to be: The assistant TAG/TAGs, Chief of Staff, and SPMO.
Career AGR Soldier A soldier serving on FTNGD in the AGR program who has successfully completed the initial 3 year period of service. Convening authority The separation authority. For the purposes of this regulation the separation authority for ARNG soldiers on FTNGD in the AGR program is the State Adjutants Genera!, or when delegated their primary staff as defined in this regulation. Entry on duty date The date travel officially begins as specified in orders. The official travel date is determined by the mode of transportation authorized and actually used to comply with the reporting date shown on the order. See the DODPM and JFTR for rules and restrictions.
AGR Family Member For the purposes of this regulation a family member is defined as: A family relationship to an AGR soldier, including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-inlaw, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepsister, half brother, or half sister.
AGR Continuation Boards A board of officers, warrant officers, and/or NCO's appointed and convened by the Adjutant General to make findings and to recommend continuation in or separation from FTNGD. Applicant An individual who applies voluntarily for order to full-time National Guard duty in the Active Guard/Reserve Program. Career management A program for qualified AGR soldiers that provides for assignments to progressively more responsible positions~
Full-Time National Guard Duty (FTN~D) Training or other duty, except inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States as a member of the National Guard of a State, territory, or the Commonwealth, or the District of Columbia under sections 316, 502, 503, 504, or 505 of title 32, United States Code, with or without pay or for which the member has waived pay from the United States.
Full-Time Support (FTS) Program Personnel assigned on a full-time basis for the purpose of organi-zing, administering, recruiting, instructing, or training the Army National Guard and the U.S. Army Reserve. These personnel include civilian personnel, members of the . Active Army, and personnel serving
, J
26
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on Active 8ua~d/Rese~ve status. ~.~ The AGR Program is a an element of the Full-Time Support Program. Involuntary separation Separation from commissioned, warrant officer or enlisted status as a Reserve of the Army for cause (i.e., substandard performance of duty, moral or professional deor for security dereliction, reasons) or for other than cause (i.e. , force structure changes, or for changes in or elimination of FTS position). Order of Merit List (OML) A ranking of AGR soldiers best qualified for selection in descending order, from best qualified to least q,~.alified. The 0~L is used to select the next best qualified soldier when the best qualified soldier, as determined by the selection board, becomes disqualified for initial entry on FTNGD.
O verstrength
(PDP) A continuation of the Military Education Program (MEP) for AGR soldiers which was effective 20 February 1987. Successful completion of PDP requirements is required for tour continuation and for promotion consideration. The proponent is NGB-A~0-E. Promotion eligibility date (PED) The earliest date on which an officer who is recommended and selected may be promoted to the next higher grade. Selection boards A board of officers, warrant officers and/or NC0s appointed and convened by the Adjutant General for the purpose of fairly and thoroughly examining applicants credentials to determine the 'best qualified" applicant for an authorized AGR vacancy. Stabilized tour A stabilized tour is a tour for which a mandatory period of duty in certain geograghical area has been established. Support Personnel Manning Document
~
Assigned strength which exceeds that authorized by the MTOE or TDA. Assignment of a soldier as ove~strength may be the result of unit reorganization, inactivation, or relocation. It may also a result from assignment error, or as an authorized exception to policy to correct an injustice. Preponderance of evidence Evidence which, after consideration of the evidence presented, points to a certain conclusion as being more credible and probable than any other conclusion. Where the evidence is equally consistent with two or more opposing propositions, it is insufficient.
Professional Development Program
(SPMD)
Produced by the Support Personne! Information Management System (SPI~$) to document AGR positions. UCMJ ARNG personnel serving on FTNGD are not subject to the UCMJ, but may be subject to any code of military justice established by their State under provisions of title 32 United States code. Note: AGR soldiers ordered to duty under title i0 United States code are subject to the UCMJ.
27
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NGR (AR) 600-5
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By Order of the Secretary of the Army:
JOHN B. CONAWAY Lieutenant General, USAF Chief, National Guard Bureau
Official-
FRANK C. VAN FLEET Colonel, GS Executive, National Guard Bureau
Distribution: A
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.J,.
LEROY POPE 1886 DENWA~ DRIVE 2 CARSON, CA 9.074 6 (310) .635-2253
1 3 ¯4
6 7' 8' LEROY POPE, 9 Plain.tiff,
WESTERN DMSION
)
COMPLAINT ~OR':
I. WRONGFUL II~/OLUNT~Y
Vs.
I! CALIFOB!qIA ABlY NATIOArAL GUAB/~, MAJOR GEneRAL PAUL MONEOE, JR., ) 13 14 COLONEL" WILLIAM F. WEIR, COLONEL D/~IEL SMITH, MAJOR ). )
) )
2.. V~OL~ZZO~ OF ~
SEPARATION FROM DUTY CALI.FORNIA ARMY I~ATIONAL GUARD, TITLE ~'2;
THOMPSON, ~iqS.TER SERGEANT DAVID) 16 17 STEW~KT A~TD DOES I[ THROUGH 10, INCLUS lYE, Defendants. )
4. VZOZ.~TION OF 42 U.S.C.i A~DMEN~ 14 SECTION
V!O~T~ON OF 42 U.S. G SECTION 1983 & 1985 VIO~TION OF ~ ~T~ON 15-6 ~OTIO~ DIST~SS -
J~.STICE 3. VIOLATION OF 42 U.S.C.: SECTIONS 2000-e, ET S~;;. DISCRIMINATION
18
19 20
)
).
)
.i
PLAINTIFF LEKOY POPE, HEREBY ALLEGES AS FOLLOWS:.
22 JURISDICTION AND VENUE i. THIS IS A CIVIL ACTION ARISING U~DER 42 U.S.C. AMENI~4~NT 14 AND 4.~ PUI%SUANTTO 42 U,S.C, SECTION 1381a, TIT~E
U.S.C. SECTION 2000e, ET SEQ.
29
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1 2
XV-!,
THIS COURT HAS FEDERAL J~R.ISDICTION OVER THiS ACTION.
THIS COUI%T HA~
PENDENT JUP.ISDICTION
O~ ~ S~TE ~W C~ ~S~KTE~ ~N.
2. ~ IS PROPER IN THIS DISTRICT ~ER 28 U.S.C. SEC~IO~ 4 1391, IN T~T T~ C~S ~OSE IN THIS DI'STRICT ~ DE~[ (.S) T~SACTS GO~NT~ BUSI~SS IN THIS DISTRICT DI~CTL~' OB 6 7 T~OUGH ITS AGENTS. S~Y OF THIS DISPUTE I. P~I~IFF SERG~T FIRST C~S ~CKUiTER LEROY POPE, FO~ 9 io ii T~ ~IF0~IA ~ NATIO~ G~D, ~IN~TE~ ~~D TC ~ "C.A.N.G." WAS ~LEV~T TO THIS COMP~INT. ACCUSATIONS ~ BROUGHT A~NST SAID P~NTIFF I) ~ IN~PROPK~T~"~TION~:HI~
12 WITH A ~ ~LI~T WHO ~S DENIED E~LIS~NT INTO ~ T~ 13 MILIT~Y, ~ 2) ~USE OF A GO~~ ~HIC~..T~ C.A.}'.G.
14 VIO~TED T~IR O~ ~DE~LY C}~TE~D ~G~TIONS, ~ DE~IEE 15 T~ S~D P~IFF ~R ~ EQO~" ~IGHTS TO BE TRIED ~ER' T~
16 17
~W. T~ C.A.N.G. D~IED S~D P~INTIFF A F~R ~D PROP~ ~'~TKI~ H~ING, ~ ~LL ~ A TRI~ ITSELF. T~ C.A.N.G. FAILE~, TC FOLLOW PROCED~ ~D DENIED ~ID P~NTIFF F~R ~ E~U~
:
19
T~~T ~ER T~ ~W.
T~ C.A.N, G. ~ I~STI~.TED
20 ~LE~TIONS A~INST P~INTIFF ;~D ~ NO SUPPORTING EVIDE~CE T~N WITHOUT D~ PROCESS OF ~iW ~ IN A DISCRIMI~TING ~ CONSPI~TOR~ FASHION, T~ C.A.N.G. I~OL~T~ILY SEP~.TED SAID P~NTIFF ~OM' T~ MILITarY. T~FO~, THIS ACTION IS 2~ 25 BROUGHT FORTH A~INST T~ DE~T (S) C.A.N.G. FOR T~ ~SES OF ACTIONS CITE.D HEREIN.
30
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THE PARTIES 4. 3 4 5 PLAINTIFF SERGEANT FIRST CLASS EECRUITEI% LEROY POPE, IS
CITIZEN OF THE UNITED STATES, A~D THE STATE OF CALIFORNIA, MAI'NTAINS HIS PRINCIPAL PLACE OF R~SIDENCE ~N CARSON, CALIFOR.~A AT 1886 DENWALL DRIVE, CARSON, CA 90746. 5. D~.FENDANT (S), THE C.A.N.G., IS A MILITARY AGENCY OF THE
7 8
STATE OF CJ%LIFOKNIA, AND AN EXTENSION OF THE UNITED STATES MILIT~%/~Y. /hND SUBJECT TO ~EDER~IZATION IN I~ATIONAL WARTI'ME "
9 EVENTS, W~TH ITS PRI'NCIPAL PLACE OF OPERATION BASED "IN I0 SACRAMENTO, CALIFOKNIA, AT .9800 GOETHE KOAD, 95826-9101." 6. PLAINTIFF DOES NOT KNOW THE'CURRENT ~ACITIES OR EXACT 3UT~ 12 13 14 ~TATION OF DE~!q~A!qTS PAUL MONROE, JR., WILLI~%M F. WEIR, D/~IE7 SMITH,. MI%. THOMPSON /dqD DAVID STEWART NOR THE NAMES ~ FULL CAPACITIES OF DEFENDAIqTS SUED HEREUNDER AS DOES 1 THOUGH' I0,
15 INCLUSIVE, THE~FORE, PLAINTIFF SUES EACH OF THEM BY FICTITIOUS
16
N2£~ES. PLAINTIFF WILL SEEK ISSUE .TQ AMEND THIS COMPLAIN.~ TO
17 ALLEGE TI~E DOE DEFENDANTS' TRUE N~%MES AND C~ACITIES WHEN .~HEY 18 19 ~qE ASCERTAII~TED. PIJ~INTIFF IS i)~FORMED ~ND BELIEVES, AND ON. FEAT BASIS ~%.LLEGES, THAT EACH DOE DEFENDANT. IS RESPONSIBLE IN ~OME
2O MANNER FOR THE ACTS AND LIABILITIES ALLEGED HEREIN AND ARE TH~ 21 22 DEFENDANTS AND EACH OF THEM. BACKGROUND OF THIS ACTION 7. ON NOVEMBER 4, '1999, MASTEI~ SERGEANT STEW!tRD, SUPERV!SOI% 24 BECRUITING DISTRICT LYNWOOD CA ASKED ~E ABOUT ALLEGATIONS
25 M~. PHILLMORE MADE ON NOVEMBER 4, 1999. THE PLAINTIFF TOLD
~oo~
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1 2 .3
THAT THE ALLEGATIONS AC~AINST HIM WERE FALSE AND MISLEADING. P~AINTIFF TOLD MASTER SERGEANT STEWARD THAT MS. PHI.LLMOF~ HAD
',:HE
BEEN RELEASED FROM UCLA MENTAL WARD DUE TO MEN~AL DEPRESSION. PLAINTIFF EXPIJtiNED THAT. MS PHILLMORE W21S MEDIC2K5 REJECTED ON APRIL 9, 1997, AND HER STATUS WAS REJECTED/NON-APPLICANT, AND. WILL KEM~IN UNTIL LA MEPS DETERMINES HER BEING A QUALIFY i%PPLICANT ACCORDING TO REGULATIONS. SHE LATER ACCEPTED A BETT]:R JOB OFFER WITH THE LONG BE~CH SCHOOL DISTRICT JUiVE .1997, BEF~ HER SUBMITTING AN A~VPLICATION BEFORE SIGNING UP FOR THE
~0
MILITARY. THERE IS AN EMPLOYMENT VERIFICATION LETTER ON FILE SHOWING HER WORKING IN 19"97. TI~J~ PLAINTIFF ALSO TOLD MASTER
SERGEANT STEWARD THAT HE ~ MS. PHILLMORE WERE IN A RELATIONSHIP FOR THE PAST TWO YEARS AND' RELATIONSHIP ENDED BECAUSE OF MS. PHILLMORE'S HISTORY WITH MENTAL ILLNESS, MOLESTATION 2aND CRIMINAL" ACTIVITY. SEXI~.,
I~ASTER SERGEANT STEWARD
ALLEGED TKAT THE PLAINTIFF' WAS L~IING WITHOUT ~ CONCLUSIVE FINDINGS, AND USED HIS OWN DESCRIPTION AND DEFINITION OF THE WORD ]tPPLICANT. MASTEI% SERGEANT STEWARD COUNSELED PLAINTIFF' CONCERNING THE /tLLEGATIONS NONET-KELESS, AND SAID THAT THERE
2O
WOULD BE A FOLLOW-UP INVESTIGATION. 8. DURING THE NEXT COUPLE OF MONTHS THE PLAINTIFF WOULD S~'FER T~OUGH VERY DIFFiCUL~ TIMES EMOTION'ALLY, BECAUSE OF THE
23
CONSTAN.T HARASSMENT BY MASTER SZRGEANT STEW~!~D. THE PLAI-NTI~P~ WAS RECEI%r~NG PHONE CALLS FROM FELLOW RECRUITERS STJtTING THAT MASTER SERgeANT
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1 STEWARD HIM. 3 9.
WAS
SPREADING
NEGATIVE
AND
INCORRECT
INFOPaV~ATION
ON JAIW-U/d%Y I0, 2000, PLAINTIFF MET WITH RECRUITING
cAPTAIN GIBBS A~D MASTER SERGEANT STEWARD.' CAPTAIN GIBBS THE RECRUITING COMMAND GAVE HER CONTROL OVER THIS SITUATION ARE 6
7
THAT
SHE
WANTED
PLAINTIFF
TO
B!~MAIN
IN
HER
COMM/aND.
CAP:~AIE
GIBBS SAID 'THAT PLAINTIFF'S 10 X~ARS OF EXPERIENCE IN RECIAUI.~'ING HAD EARANED HIM TOP RECRUITER RECOGNITION FOR HIS ASSIGNED HER DECISION WOULD BE A LETTER OF R~PRIMAND AIqD TBERE" WOUL~ B~ AN INVESTIGATION. PLAINTIFF WAS TOLD TO F/aX A LETTER TO CAP~AI~
8 9 I0 II
12
GIBBS ABOUT HIS RELATIONSHIP WT~TH MS. PHiLLMOP, E. o0. ON M!h~CH 24, 2000, CAPTAIN GIBBS INFORMED THE PLAIN.~'IF~
13 ~HAT THE RECRUITING COMMAND W/~ED HIM DISCHARGED FI%OM AC~IAq
14
DUTY" CAPTAIN GIBBS AND MAST~Ii SERGEANT STEWARD DID NOT KNOW Oi
15 ~EGULATIONS TI4AT PLAINTIFF HAD ~JIOLATED, BUT T~EY SAID THE PLAINTIFP. WA~ ~UII~TY OF THE ALLEGATIONS. CA2TAiN GIBBS SAID LIEUTENAN~ COLONEL SN-~TH WDUL~
17
~NFOBM THE PLAINTIFF ON WHAT REGULATION
{S) WERE ~IOLATED.
18 19
Ii. ON /2PRIL.2, .2000, THE PLAINTIFF MET WITH LIEUTENANT COL[,NEI SMITH FOR FIVE MINUTES AND HE INFORMED PLAINTIFF OF .~HAT @OLONEL S.~IITB
PLAINTIFF WAS BEING DISCHARGED I,~ROM ACTIVE DUTY.
TOLD PLAINTIFF THAT PLAINTIFF WAS ENTITLED TO BE REPRESENTE.t BY 22 LEGAL COUNSEL. 12. ON ~RIL 6, '2000, WITH T£~ ASSISTANCE OF JUDGE ADVO[ATE
24
GENERAL OFFICER, MAJOR . THOMPSON, A REBUTTAL WA~ PREP/~AED . ANE SUBMITTED ON APRIL 14, 2000. T~E PLAINTIFF TOLD MAJOR THOM~SOI~
~¥~ ~S:60 TOO~/L~/gO
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1 2
HE
HAS
WITNESSES AND EVIDENCE
TO
DISPUTE
THE ~LLEGATIONS.
THE
OFFICER .TOLD PLAINTIFF ~HkT THE ALLEGATIONS AGAINST
HIM ARE NOT iNVOLU~ TARY
3 FOUND IN NATIONAL GUARD REGULATION 600-5, FOR 4
SEPARATION. HE FURTHER STATED T~IAT UNLESS RECRU!TING C0~.MAN£ HAS ITS OWN REGULATION, THE PLAINTIFF WAS INNOCENT. HE ALSC
6 7 8 9 io
Ii
STATED THAT THE ALLEGATIONS /~/~. NOT SUFF.ICIENT TO CAUSE 0~. TC BE DISCHARGED FRCK~ ACTIVE DUTY BECAUSE THE FACT SHOWED THA~ THE PLAINTIFF BECJhME INVOLVED WITH REJECTED/NON-APPLI~ PHIL~MORE WHEN SHE NO LONGER DESIRED A~. INTEREST IN THE C.A:N.G. HE
FURTHER STATED THAT THE STAFF JAG OFFICE IS RESPONSIBLE FOB INVESTIGATING EVERYTHING THAT PLAINTIFF ALLEGES PERTA_I~IN,~ TO
12 HIS REBUTTAL ~ 13
14
13.
ON
OR ABOUT
APRIL
14~
2000,
MAJOR
THOMPSON
SAID
THA~
PIE
WOULD BE TALKING TO JAG MAJOR DANA ON APRIL 17, .2000, W~O I~
~PKESE~TING TPIZ COMMAND AND INFOBI~IED HIM THAT THESE ALLEC~al.iON.
15
16 17
WERE NOT WITH .JAG
FOUND MAJOR
IN ABMY DANA.
KEGULATIONS. MAJOR
MAJOR THOMPSON
THOMPSON .NEVER FAILED TO
:;POgG REP~:SEN~
PLAINTIFF AND NEVER TRIED TO BRING ANY
19
PARTIES TOGETHE.~ T¢ THIS OFFICER MIS~ LEE
RESOLVE. THE CHA~GES AGAINST PLAINTIFF.
THE PLAINTIFF INTO THINKING THAT HE
WOULD
BE
REPRESENTED
B~
COUNSEL.
22
14.
ON
APRIL
26,
2000,
THE
PLAINTIFF
ME~
WITH THIS
LIEUTI~NANT OFFICER TOLE
COLONEL SMITH
2,1 25
TO. "RESPOND WITH HIS REBUTTAL.
THE PLAINTIFF THAT HALF OF HIS COMMAND BEiIE,VED THE REBUTT~ TC BE TRUTHFUL" BUT HE DID NOT BEL3[EV~ THE PLAINTIFF. THE PLA!I~TIFH
6
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l 2 3
4
RE!.J~TED
TO
THIS
OFFICER
TI-LAT
HE
I-LAD
NOT
BEEN
FOUIWD
GUILTY
ANYTHING REGARDING THE I%.LLEGATIONS A~INST HIM. 15. COM~ RESIGN bN MAY 2, 2000, THE DUTY A LETTER WAS FORWI%RDED TO "THE TO PLAD ARMY KECRUI::INC. VOLUI~TA][IL~ NOT S][OWI~ REGULA'.~ION
f;TATING TPL~T FROM ACTIVE THE
PI/~INTIFF WAS NOT .GOING BECAUSE HAD THE NQT C.A.N.G. FOLLOWED
6 7
FAIRNESS
I%ND
COMMAND
PROCEDURES. 16. ON ~ 5, 2000, SIG~D MAJOR A. GENERAL PAUL MONI%OE, LETTER STATING THAT JR." THE! HE DUTY WA~
9 10
ADVOCATE
GENEB!J~,
INVOLUNTARILY SEPARATING THE AUGUST 31, 2000.
PLAINTIFF FROM ACT ~/E
GEI~BAL MONROE FAILED TO .PROTECT THE I-IE i~LLOWED HIS COMM!~ TO ILLEGtLL~.
12
RIGHTS OF THE PLAINTIFF.
SEPI~TE THE PLAINTIFF "FROM ACTIVE DUTY WITHOUT FOLLOWING REGULATION 27-10 PROCEDURES. 15
16
17.
ON JUNE 26,2000, PLAINTIFF SENT A CERTIFIED LETTER TO THE THE LETTER EXPLAIITED HOW . THE
i%DVOCATE GENERAL" S OFFICE.
17 18
19
PLAINTIFF'S RIGHTS WERE VIOLATED, ~%IkrD THE FAILURE OF THE OF COMMAND TO WOl~q FROM THE BOTTOM UP. PIJLINTIFF iNFOB2!E~ THE
ADVOCATE GENERAL' S OFFICE ' THAT HE. HAD NOT BEEN GI~N' THE OPPORTUNITY TO BE REPRESENTED BY COUNSEL. THE Pi~AINTIFF .%LSC
REPORTED .SEVERAL INCIDENTS OF DISCRIMINATION WITHIN THE MAJOR GENEP~ MONROE FAILED TO B~SPOND .TO :THE LETTER.
23
18. COLONEL WILLIAM' F. WEIR'WAS ASSIGNED AS STATE STAFE 0UDG] ADVOCATE GENERAL OFFICER FOR TIEg CALI.FORNIA ARMY NATIONAL .G~ARD. THIS OFFICER WAS RESPONSIBLE FOR THE BASIC SOLDIER RI'~HTS.
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1
COLONEL WEIR VIOLATED ARMY REGULATIONS BY FALLING TO CONDUC': INVES-TIGATION AND DENIED PLAINTIFF DUE PRO'CESS. 19. ON .JULY 25, .2000, THE PLAINTIFF CONTACTED THE STATE SEN.qTOB BOWEN" S OFFICER A~D A~KED EOl.~ "ASSISTANCE IN CONTACTING THE
5 6 7 8 9 IO ii 12 13 14 15 16 17
C.A.N.G. IN. REGARDS TO THE NON RESPONSIVENESS OF GENERAL TO THE PLAINTIFF'S LETTER DATED JUNE 26, 2000. ACTING ON BEHALE
OF SERG~kNT FIRST CLA~S POPE, THE SENATOR OFFICE' ASKED THE NATIONAL GUARD WHY WAS THE ~!I~INTIFF DENIED DUE PROCESS.' ON AUGUST I0, 2000, THE SENATOR'S OFFICER ~ECEIVED A LETTER FROM THE C.A.N.G. STATING THAT THEY DID NOTHING WRONG. THE C.A;S.G. NEVER RESPONDED TO THE L~.CK OF DUE PROCESS ~%LLEGATION. AT POINT, ALL MiLIT~Y CHANNELS HAD BEEN EXHAUSTED. 20. ON JUNE 18, 2000, THE PLAINTIFF FILED A COMPLAINT AG~.INST
THE C.A.N.G. WITH THE EQU/LL EMPLOYMENT OPPORTUNITIES COMMISSION. 21. ON AUGUST 31, 2000, PLAINTIFF "WAS DENIED MEDiCJtL TREATMENT FOR AN INJURY THAT WAS SUSTAINED IN GSA AUTOMOBILE ACCIDENt 'IN TH~ LINE OF DUTY ON DECEMBER 3, 1993 AND OCTOBER 3, 1999. THE
18 COMMAND "KNEW THAT THE PLAINTIFF WAS SUFFER.ING FROM NERVE ~MAG~ AND A BULGED DISK. THE CC~£gAND KNEW TEAT DOCTORS HAD PRO~OSE£
20 SURGERY TO REPAIR THE PLAINTIFF"S ~ERVE DAMAGE. 22. .IN A LETTER FROM THE E.E.O.C., DATED FEBRUARY 9, 200!, 22 23 24 ADVISED THE PLAINTIFF THAT IT WOULD NOT BE ABLE TO COMPLETt. ITS INVESTIGATION OF THE PLAINTIFF' S ALLEGATIONS WITHIN THE STATUTORY SIX MONTH PERIOD, A~D THAT IT WAS STEPPING ASI~Z TC
25 ALLOW THE PLAINTIFF TO FILE A COMPLAINT AGAINST THE C.A.N.G.
8
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1
PURSUANT
TO 42 U. S. C.
200e et seq.,
FOR EMPLOI~ ~ENI
2 DISCRIMINATION BASED ON COLOR, CREED, ETC... AND VIOLATIOI~ O~ 3 4 PLAINTIFF" S CIVIL RIGHTS UNDER THIS CODE. 23. AL~'. OF' THE ABOVE ACTS BEGAN WITH THE ~GATIONS OF A
REJECTED/NON-APPLICANT WITH WH~K THE PLAINTIFF NO LONGER W~qTED
6
A B~LATIONSHIP. OF IN THE THIS
THE ALLEGATIONS . IN TURN SP/U~
7 ACTIONS 8 9 I0 II CITED
PLAINTIFF
INVOLUNTARILY
FROM ACTIVE DUTY AND MILITARY SERVICE WITHOUT DUE PROCESS, CONSPIRATORIAL AND DISCR~INATING MANNER. IS THEREFORE BROUGHT AGAINST THE DEFE~/hNTS THIS SET OF 'ACTIONS FOR ~ CAUSE~ OF
12 ACTION AS CITED. 13 14 15 16 24. THE PIJLINTIFF REQUESTED TO HAVE A BOARD REARING, HESP~SE~ DENIED, PHETR!AL RESPONSE : DENIED, RIGHTS TO CO£~F~ONT ACCUSEP RESPONSE: "DENIED, PLAINTIFF REQUEST TO I-LAVE WITNESS OF FALSE TO TESTIFY ON BE.KAL~ !tLLEC~ATIONS REsPOnSE:
17 OF
REGARDING
CHARGES
18 IIENIED.
19
2O
21
24. ALL CHARGES BROUGHT AGAINST HIM BY THE ARMY NATIONAL G~ARD ENLISTE.D PERSONNEL, E~EN IN TB]~. MILITARY ARE ENTITLED TO ~ASI~ RIGHTS AND DEFENSES BEFORE THEY CAN BE PUNISHED FOR ANY ALI E.GED ACTS. FAILURE WILL TO' ACT ACCORDING TO MILITARY REGULATION PUR~UA!qT RESULT IN CHARGED BEING DROPPED AGA_INS~ IN THE AN
22
24
TO
PROSECUTION
25
ACCUSED PARTY
OR A SIGNIFICANT MODIFICATION
SEVERIT~ O~
9 X'~f& ~9:60 IO0~ILIISO
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1 2
PUNISHMENT TEE ACCUSED FAVOR' IN INVOLUNTARILY SEPARATING PLAINTIFF EKOM SA~D THE /KqMY NATIONAL GUARD RECRUITER PROG~ WITHOUT COM~ITTED T~IESE VIOLATIONS OF TH~ PLAINTIFF RIGHTS" A~ FOLLOWS :
5
a. FAIL~ TO EULLY AND COMPLETELY GIVE NOTIFICATION ~I EXPLANATION OF RIGHTS INVOLVING:
"7 8
i. COMMANDER'S .INTENT -TO INITIATE PROCEEDINGS; ii. THE FACT TEAT TBE IMPOSING COMMANDER INTENDS USE SUMMARIZED PROCEEDINGS AND THE M~X~ MUM
10
PUNISB}flZNTS IMPOSABLE UNDER PROCEEDINGS; i'ii. THE RIGHTS TO REM~kIN SILENT; iv. OFFENSES THAT TBE SOLDIER ALLEGEDLY ~ COMMI~.'TEE 2~ND TEE ARTICLES OF THE UCMJ (UNIFORMED CODE MILITARY JUSTICE) VIOLATED; v. THE RIGHT TO DEMJ~ TRI~iL; vi. THE RIGHT TO CONFRONT WITNESSES, EXAMINE TEE EVIDENCE, AND SUBMIT MATTERS IN DEF~]~SE,
18 19 XO
EXTENUATION, AND /OR MITIGATION; vii. THE RIGHT TO APPEKL b. FAILURE TO ADVISE RE DECISION PERIOD i. OPPORTUNITY TO ACCEPT THE ARTICLE iN (MIL~~AR~
JUSTICE CHARGER)
.¯
ii. OPPORTUNITY TO K~QU~ST A KEASONKBLE NORMALLY 24 HOURS, TO DECIDE WKETHER TO D~.~AN3
xv~ ~5:60 T00glLTIE0
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TRIAL BY COURTIMARTIAL ~ TO GATHER MATTERS
2
DEFENSE, EXTENUATION, AND/OR MITIGATION;. C. FAILURE TO GIVE. A JUST AND COMPLETE HEARING. A HEARING"MUST CONSIST OF THE FOLLOWING:
5
i. CONSIDERATION OF EVIDENCE, WRITTEN OR O~AL AGAINST THE ACCUSJ~D; ii. EXAMINATION F AVAILABLE EVIDENCE BY THE SOLDIEr.; iii. PRESENTATIO~ BY. "THE SOLDIER OF T~.STIMONY
9
AVAILABLE WITNESS OR OTHER MATTERS, IN DE~:NSE Extenuations, AND/OR MITIGATION; iv. IMPOSITION OF PUNISHMENT OR TERMINATION OF
12. 3.3 ld 15
PRocEEDINGS ; v. EXPLAkI~TION OF RIGHT TO APPEAL d. RIGHT TO COUNSEL i. INAgE QUATE ALLOWANCE OR ABRIDGED ACTIONS COUNSEL BY RECRUITING COMMAND. SPECIFICALLY, THE PLAINTIFF CAN SHOW AN~ PROVE WITHOUT [..REAT EFEORT THAT RECRUITING COMMAND DELIBERATELY, OR OTHERWISE' WITH INEXCUSABLE NEGLIGENCE DID VIOLATE ARMY REGULATIONS 15-6 et ~eq.
2O
UNDER MILITARY JUSTICE GUIDELINES NOW CHANGED TO ~ ARMY REGULATIONS 27-10 AND ESPECIALLY AS SUMMARIZED IN CHAPTER 3
22
'SECTION III, PARAGRAPHS 3-14(Soldier entihled 'to a Prelim[nat !nq~iry), 3-15 ~ 3-16 (Commander' s guide for notificatior an£ imposition) AND 3-18. ~tLSO AS SPECIFIED IN ARMY KEGUL.%T!O~
23
25
15-6 CHAPTER i, SECTION I, I-5~ AND SECTION II, 5-6 COUNSEl. A,
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1 (2) et Seqo PROOF OF VIOLATXONS OF THE FOLLOWING; 42 U.S.C. 2 SECTIONS 2000e, et seq., DISCRIMII~ATION, VIOLATION OF 42 U.S.C
3 2~MEND~T I4,SECTION i, D~ PROCESS~ ~~T 6,. ~ 42 U.S.C 4 5 6 7 SECTION 1983 & 1985. FI~T T~ ~ SE~N~ ~SES OF ~TION 25. .(A~INS~ ~L DE~ND~TS, ~OR ~O~G~ !~OL~ ~
SEP~TION ~OM ACTi~ DUTY OF ~IFO~ ~Y ~TION~ GU~)
9 ~LEGATIONS IN P~G~HS I T~U 24 OF ~IS C0~INT AS T~)UGH 10 11 ~LY SET FORTH ~IN. 26 ~ P~INT!FF IS INFOLD, BELI~S ~ ~S T~T T~
12 DE~TS ~D ~CH 0F T~ ~W OR SHOED ~ ~0~ T~' BY iS CO~ITTING T~ ACTS DESCRIBED ~IN ~0~, T~T SUCH .%CT~ CONSTI~TE EONG~L I~OL~T~Y SEP~TION E~ ACTI~ DUTY[ I~ 15 T~ ~IFO~IA ~ ~TiO~ GU~, ~ED ON T~ FOLLOWING; 16 17 IB 19 20 21 22 23 3. 25 4. 1. FOR CO~SATORY D~GES IN T~ S~ OF $1, 536, 000 .'~0 ~OM THE DE~TS ~ ~CH OF .T~, 'OK T~ ~~ ~O~T ~LOW~LE ~EK C~T ~W. 2. FOR P~iT~ D~GES ~OM T~ DE~TS ~D ~:H O~ T~ ACCO~ING TO PKOOF; ~ FOR OUT-O~-POC~T EXPOSES, ACCO~ING TO PROOF FOR T~ COST OF ~IT; .~ A) ~L OF T~ ACTS DESCRI.BED ~I~O~.
40
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1 2
FOR
SUCH
OTHER
RELIEF ~iS THE
COUI%T
DEEMS
JUST. 9/~I
PROPER.
5 6 7 8
9
~EKOY POP~, Plaintiff, IN PKO PEK
(SEE NEXT PAGE)
IO
II 12 13 14
15
16 17 18 19
20 21
22 23 24
25
Case 1:06-cv-00446-MCW
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0
1 2
0
VERIFICATION
LEROY POPE, T~E PLAINTIFF ABO°VE-NAMED~ BEING SWORN, SAYS At FOLLOWS :
4 5 6 7
I HAVE READ "THE EOREGOING COMPLAIN~ AND KNOW THE CONTE]IT~ THEREOF, AND T~E CONTENTS ARE TRUE OF MY OWN KNOWLEDGE. LAWS OF THE UNI PEI IS BOTH TRUE ~ ~
DECLARE UNDER PENALTY OF PERJURY ~EK THE STATES OF AMERICA, THAT THE FOREGOING
CORRECT.
9 lo
ii 12 13
LEROY POPE, Plaintiff, IN PRO
14 15
17
18
19
23 24
25
14
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U.S. Departme~of ~usfiee Civil Rights Division NOTICE OF RIGHT TO SUE WITHIN 90 DAYS
CERTIFIED M2iIL" 0923 3785 Em21~a,zZ~f]g=tlonSecllo" P.O.~=~9~ W~h[.~, DC 200~Y-~958
Mr. Leroy D. Pope February 1886 Den~all Dr. Carson, CA 90746 Re: EEOC Charge Against Callfo~ia ~my National Guard No. 340AI1362
9, 2001.
Dear Mr. Pope: Because you filed the above charge with the Equgl Emplo~.ent Opportuhity Commission, and the Commission has determined that it will not be able to i~vestigate and conciliate'that charge wiihin 180 days of the date the Commission assumed jurisdiction overlthe chagge and the Department has determined that it will not fil~ any lawsuit(s) based thereon within that time, and because you have specifically requested this Notice, you are hereby notified that you have the right to institute a civil action i.nder Title VII of the Civil Rights Ac'~ of 1964, as amended, 42 . U.S.C. 2000e, et seq., against the above-named respondent. If you choose to commence a civil action, such suit mhst be filed in the appropriate Cou~t within 90 days of your receiptI of .this Notice. If you cannot afford or are unable to retain attorney to represent you, the-Cou~ ma[, at its discretion, assistyou in obtaining an attorney. If you plan ~o isk the Court to help you find an attorney, you must make this request: of the Court in the form and manner it requires. Your request to the Court should be made well before the end of the time ~.~riod mentioned above. A request for representation does not relid-re you of the obligation to file suit within this 90-day period.i The investigative file pertaining to your case is locat~ in the EEOC Los Angeles District Office, Los AngeleS, CA. This Notice should not ~e taken to mean that the Department of Justice has made a judgment as to whether or not your casS is meritorious. Sincerely,.
~
John Ashcroft rney General
¯
~ren L. Ferguson Ci.#il "Rights Anal~fst Employment Litigation Section """ <~ivil Rights Division
California g-r my National Guard
:
43
IV~ 9S:60 IO0~ILT/SO
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA.
~OTICE OF., ASSIGNMENT TO UNE~ED STATES MAGISTRATE JUDG~
Pursuant to the Local Rules Governing Duties of Magistrate Judges, the following Magistrate Judge has been designated to hear discovery motions for this ease at the discretion of th s assigned Distriei Judge:
[] Robert N. Block (RNBx) El Rosalyn M. Chapman ~Cx) [] Elgin Edwards (EEx) [] Ctlarles F. Eick (Ex) [] Stephen I. Hillman (SHx)
[] James W. McMahon ~ cx) [] Margaret A. Nagle ~ Nx) [] Arthur Nakazato (ANx) []Brian Q, Robbins 0~QR ~) []Carolyn Turchin (CTx~ [] Andrew L Wistrich (A~, ~x) [] Carla M. Woehrle (cw z) [] Ralph Zarefsky (RZx) '
[] Ann L Joa~ (AIJx)
[] Jeffrey W. Jolmson (JWJx)
[] Stephen G. Larson (SGLx)
Upon the filing of a discovery motion, the motion will be presented to the United St, tes District Judge for consideration and may thereafter be referred to the.Magistrate Judge for ~ eating and determination. The Magistrate Judge'b initials should be used on all documents filed with the Co~ so that the
t
ease number reads as follows: C.V- 01-04163 RSWI, .t~x)
NOTICE TO COUNSEL A COPY OF THIS. NOTICE MUST BE .SERVED WITH THE COMPLAINT ON ALL DEFENDANTS. NOTICE OF ASSIGNMENT TO DNITED STATES MAGISTRAT~ !UDGE :
CV-18 (I0100)
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C~SE NUMBER
SUMMONS
:O:
THE ABOVE-NAMED DEFENDANT(S): YOU ARE HBREBY SUMMONED and required to file with this court and serve upon plaintiff~.., attorney ~'~'~"I ~)~ , whos~; address is:
! (I", :~-"~, etc.) -I COUNTERCLAIM, [] CROSS-CLAIM which is herewith served upon you within (o .lays aRer ¯h ervice of this summons upon you, exclusive of the day of service. If you fai~ to do so, judgmentfault will d~ by )e t~ken, against you for the relief demanded in the complainer.
An answer to the El'COMPLAINT, E]
AMENDED COMPLAIi ~T,
CLERK, U. S. DISTRICT COL~T
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)ATE: "
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Deputy Clerk
(SEAL OF TI-lg COUR~
CV-1A (01101)
SUMMONS
YV~ 1,~ :tiff
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