Plofchan v. Fanning et al

Filing 9

MEMORANDUM OPINION re: 3 Motion for Temporary Restraining Order. Signed by District Judge Liam O'Grady on 6/29/2016. (awac)

IN THE UNITED STATES DISTRICT COURT j

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FOR THE EASTERN DISTRICT OF VIRGIN^^ r "
Alexandria Division

JUN 29 20ib

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Paul J. Plofchan Jr.,

Plaintiff,

Clerk, u.s. distriCI' v.uurt
A! FXAKDnlA, V;RGi^^lA

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V.

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Civil Action No. l:16-cv-550

Eric K. Fanning, as the Secretary of the Army, )
andThomas C. Seamands, as the Commander, )

U.S. Army Human Resources Command,

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Defendants.

Memorandum Opinion

This matter comes before the Court on a Motion for Temporary Restraining Order

("TRO") filed by Plaintiff Paul Plofchan Jr. Dkt. No. 3. Plaintiff is a probationary officer and a

l" Lieutenant in the U.S. Army 101^^ Airborne Division. Plaintiff seeks to enjoin the Army from
involuntary eliminating him.
I. Background

A. Regulatory Background
The Army's regulations governing the discharge of officers is contained in Army
Regulation 600-8-24. These regulations list a number of reasons for which the Army may

discharge an officer. Id. ^ 4-2. If an army official initiates an elimination action against a
probationary officer, like Plofchan, he must first notify "the implicated officer in writing that
elimination action has been initiated and that he or she is required to show cause for retention."

Id.

4-20, 21. The initiating official "advises the officer of the reasons supporting the

elimination action and the factual allegations supporting the reasons." Id. The initiating official

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