Force's alleged misrepresentation or deceptron'
ii' UnsuccessfulWithdrawal'
Inthecontextofacivilianresignation,avoluntaryresignationcanberenderedinvoluntary' before its effective date'" if "an employee urrro"""rrn ity* i,# to *iittat"* h[ei] .resignationcourts have found "that the scharf,7l0 F.2d at 1574 (listing withdrawal as a situation ihere F.2d 1379' 1384- element of voluntariness is tliting Cunningham v.. united states,423 "iti"t;a"l 85(ct.Cl.1970)(holdingaplaintiffsresignationwasinvoluntarYwhentheAirForcedeniedthe claims also has applied this principle in withdrawal request)). Th" u;i#itut; cEurt of Federal States,3o Fed Cl' 22'7 ' 230 (Fed Cl 1993)' aff'd' 26 military pay cases. See ar"*",-i"i'a 1998) F.3d 139 (Fed. Cir. 195+); see also Glallucci v' inned States'4l Fed' CI 631' 637.(Fed .Cl' (consideringwhetherthe""r""""ttf"fwithdrawairebuttedthepresumptionofvoluntariness)'
ThepredecessortotheUnitedStatesCourtofAppealsfortheFederalCircuithasheldthat to.accept or not' and allow [a] withdrawal "[t]he Secretary [of the Army] can exercise discretion will be sustained if not albihary ald capricious and [of a resignation] or not, anihis decision cI 1892)' Therefore' in Brown' contrary to la'w;' Cole, u"iri-srt*i'231 ct cl"lo2'704(ct' request "had no effect upon his prior the court determined that u piui*irr, a-ttempted withdraw-al Flrst, because the "decision to deny resignation,fortwo reasons.-;;; B;";",:O fea. Ct. at230. oracceptawithdrawalofresignationftomservices^restssolelywithirrthe.discretionoftheArmy.. ,,decision must be g?-r"J Ju*tial deference." Id. at 23031. second, "plaintiff s and that request was untimely."T Id. at23l.
Inthiscase,theApril4,2018TransferComplaintallegesthatPlaintiffsubmitteda offrcer and again on February withdrawal request on Nove.,ii..ig, zoio to the lead assignments 13,2017 to the Wing Co^--d"t' iompl at 5, 7' The eprit +' ZOtS Transfer-Complaint alleges aia *i'"ct on ihe withdrawal request and the wing commander that the lead assignments "tti"* u",irg only that "it was at her complete discretion denied endorsem.nt or trr" *iiia.u*"i r"q""r,,'reason-able inferences" in Plaintiff s favor' these to do so." Compl. at S, Z.---iltu*ing "'all withdrawal requests satisfy the procedural requirements ofAFI 36-3207' $ 2 14'1'8 See Hanis' 868 F.3d at 1379 (citations omitted)
TAtthisjuncture,thecourtdoesnotdeterminewhetheranuntimelywithdrawalisfatalto Fed. a claim of involuntary dir"h;;;;;Jupon an unsuccessful withdrawal . But cf. Gallucci, 41 all the conditions precedent to grantng cl. at 642 (..plaintiff must [] ie able to demonstrate that such a [withdrawal] request were fulfilled'")'
EAFI36-3207,$2.14.1statest}ratofficersmayrequestwithdrawal,of'(l)..anapproved Dosupto30daysbeforetheDostakeseffectbygivingreasonsfo.rthewithdrawa.landstating thattheyhavenottraveledorusedtheseparationorderstomovefamilymembers.shiphousehold ll Moreimportantly,althoughtheAirForce'sdecisiontorejectPlaintifswithdrawalrequest is afforded deference, the April;, 2018 Transfer Complaint alleges that the Air Force's rejection the decision was "based upon the of plaintiff s withdrawal aiA not'*iA*"" *y ,"uronlng that 22,2009). The Wing Commander best interesrs of the Air Force.ll-npI lO-Zt t O, $ lsept. had discretion to deny Plaintiffs withdrawa'l iequest, but ihut ulo.t" does not evidence that the See Cunningham,423 F.2d at 1384 (holding that the decision was not arbitrary *J "upti"io"r. the mutual advantage of Air Force,s stated reason of rejection, that it was "not considered to not enable the court to "discem yourself and the Air Force to-.''i11't;* this resignation[,]" tlid [any] exercise of discretion in a*yi.r! tn","rig#ion *ithd.u* al"); see also cole,23l Cr. Cl. at and contrary to ioi t;it withdrawall decision will ie s,.,stainid if not arbitrary and capricious law.").
For these reasons, the court has determined that the April 4' 2018 Transfer Complaint glanted' fot involuntary discharge on which relief can be ' alleges sufftcient facts to state u i"i; "fui- to act on Plaintiffs withdrawal request and.later