Herbert T. Mitchell v. Warren Christopher, Secretary of State

SILBERMAN, Circuit Judge:

Appellant, an ex-Foreign Service Officer, challenges the district court’s dismissal of the action he brought to compel the Secretary of State to implement a remedial recommendation of the Foreign Service Grievance Board. Because the district court based its dismissal on a ground that had not been argued before the Board nor considered by the Secretary, we remand to the district court for further proceedings.

I

Herbert Mitchell was involuntarily separated from the Foreign Service after he failed to achieve the promotions required by the Department’s personnel policies.…