William v. Wenger v. Paul D. Monroe, Jr., in His Official Capacity as Adjutant General of the California National Guard California National Guard

We must decide whether the district court properly dismissed various claims brought by a retired Colonel in the California Army National Guard which challenged military personnel decisions.

I

William Wenger, now retired, served to the rank of Colonel in the California Army National Guard (the “Guard”). He served in the United States Army on active duty for over thirty years, and as a member of the Guard for approximately nine years. On the evening of March 24, 2000, Wenger was a guest speaker at a Guard social event known as a ‘Dining-In’ hosted at the Glendale Armory by the officers of the 3-160th Infantry Battalion, 40th Infantry Division. After the dinner concluded, some of the event’s attendees stayed for certain ‘entertainment’ — two (civilian) female strip dancers performed.

At some time before the Dining In incident, Wenger’s name had been submitted for promotion to the rank of a General Officer. Wenger’s promotion awaited Federal recognition by the Department of the Army in Washington, D.C. when the Dining-In occurred. Shortly after the Dining-In, the Guard initiated a preliminary investigation into the dancing incident. Pending the investigation, on April 13,…