Prewitt v. Department of Military Affairs

KELLEY, Judge.

Colonel David E. Prewitt appeals from an order of the Adjutant General of Pennsylvania (Adjutant General) approving a proposed report and order of a hearing officer denying Colonel Prewitt’s appeal and application for promotion to the grade of brigadier general on the retired list of the Pennsylvania National Guard pursuant to section 2313 of the Military Code, 51 Pa.C.S. § 2313. We affirm.

In this appeal, the sole issue before this court is whether the Adjutant General should be required to promote Colonel Prewitt pursuant to section 2313 of the Military Code. Section 2313…