Mayberry v. Department of Defense Dependents Schools Europe

NEWMAN, Circuit Judge.

Mr. Dwight Mayberry was a first-grade teacher at the Schweinfurt Elementary School, a Department of Defense school located in Schweinfurt, Germany to serve children in the military community, primarily Army families stationed in the southeastern portion of Germany. After twenty-seven years of unblemished record, he was fired for “repositioning” four first-grade students in his classroom. That is the issue of this appeal.

Mr. Mayberry states that the penalty is disproportionate, that he was removed without notice that his disciplinary actions were disapproved, that his…