Schwalier v. Defense

HUGHES, Circuit Judge.

Following nomination by the President and confirmation by the Senate, Brigadier General Terryl J. Schwalier was scheduled to be appointed to major general in early 1997. Before that time, however, his appointment was delayed and the President later chose not to appoint him. Nonetheless, Mr. Schwalier argues that he was appointed by operation of law after the delay of his appointment expired and before the President’s decision. The appointment process for senior military officers does not allow for automatic appointments, and a President’s decision not to appoint an…