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Wigginton v. Centracchio12/26/2001
The United States Court of Appeals For the First Circuit has requested from this Court its opinion with regard to two certified questions so as to assist that court in resolving a wrongful termination claim under 42 U.S.C. § 1983. The First Circuit sought clarification of the meaning of G.L. 1956 § 30-3-13, a statute arguably entitling Maj. Eugene E. Wigginton (plaintiff), to remain in his position in the Rhode Island Army National Guard (RIANG) until the age of sixty. This Court reviewed the certification order and determined that the questions, as certified, required resolution of issues of fact, a task not permitted to us by Article I, Rule 6 of the Supreme Court Rules of Appellate Procedure. Thus, we issued an order modifying the original questions and setting forth the single question to which we would respond.
"What is the meaning of the term 'staff corps and departments' contained in General Laws 1956 § 30-3-13?"
If the plaintiff can establish that he was a member of the "staff corps and departments," he might have a constitutional or statutory basis upon which to contest his discharge. Absent a definition of the terms, no court is able to properly address plaintiff's claims.
Having considered all relevant authorities, we respond that "staff corps and departments" is a vestigial term that cannot fairly be construed to have any meaning in the RIANG's modern military organization or any application to commissioned officers since 1956.
I. Facts and Procedural History
The facts are taken largely from the opinion of the First Circuit. See Wigginton v. Centracchio, 205 F.3d 504 (1st Cir. 2000). In April 1967, plaintiff began his military career in the United States Marine Corps. In 1970, after three years of service, plaintiff was honorably discharged. The plaintiff's military career was revived in 1979, when he was commissioned to serve in the United States Army Reserve. As an Army reservist, plaintiff was an officer of the RIANG and the Army National Guard of the United States (ANGUS). During seventeen years of military service, plaintiff achieved the rank of major and served in the Military Police Corps. By 1996, plaintiff had completed nearly twenty combined years of military service.
Pursuant to National Guard Regulation 635-102, a selective retention board convened in May 1996 to evaluate plaintiff's future in the RIANG. The selective retention policy provides that only certain officers may be retained beyond twenty years of service. The regulation ensures that only the most qualified officers will be retained for assignment to relatively few higher-level positions. After the meeting, plaintiff received a letter from defendant Reginald A. Centracchio, adjutant general of the RIANG (defendant), informing him that he was not selected for retention. The plaintiff was honorably discharged in July 1996.
The plaintiff filed an action in the Rhode Island Superior Court pursuant to 42 U.S.C. § 1983, contesting his discharge from the RIANG. The defendant removed the action to the United States District Court for the District of Rhode Island. The parties filed cross-motions for summary judgment. The trial judge granted defendant's motion because she found plaintiff had not established that he was a member of the "staff corps and departments." See Wigginton v. Centracchio, C.A. No. 96-530ML (D.R.I. Aug. 14, 1998). The plaintiff appealed to the United States Court of Appeals for the First Circuit.
The First Circuit concluded that the viability of both plaintiff's claims will depend upon this Court's construction of § 30-3-13, and in particular, the meaning of "staff corps and departments." See Wigginton,
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