S. Department of the Army, the Administrative Judge Advocate General, Army (AJAX), and the Alabama Department of Employee Relations (“ADLER”), a division of the Alabama Department of Public Safety (“DPS”). The complaint asserted claims for disability compensation, punitive damages, and various other matters, including alleged unlawful termination based on his belief in the Bible and a belief in the supernatural. He alleged that his discharge, which was upheld by the administrative law judge (“ALJ”) on April 28, 2007, and was affirmed pursuant to an interlocutory appeal filed on June 17, 2007, is unlawful and is in violation of his First Amendment rights guaranteed by the First Amendment to the Constitution. On June 30, 2007, the Administrative Law Judge (“ALJ”) filed a supplemental order, which was issued in a status hearing on October 4, 2007. Appellant contends that the ALJ failed to address his motion to stay the ALJ's January 13, 2008, decision denying his motion to suppress and ordered that his records be preserved and that he be provided a right to appeal. Petitioner asserts that the ALJ abused his discretion and failed to comply with the requirements of Rule 16 of the Federal Rules of Civil Procedure. The decision denying Petitioner's motion to suppress, his appeal of that decision, and the evidence gathered at that hearing, have been submitted in the form of two consolidated petitions, one for summary judgment, and one for an order. We reverse the ALJ's October 4, 2007, order and enter a decision and decree to the effect that Petitioner's claim for disability compensation is without merit because it will be barred by the doctrine of sovereign immunity (the Court of Appeals' opinion in Bowers v. Hardwick, 478 U.S. 186 (1986)), as well as due process of law. The ALJ's order denying petitioners motion to suppress and the evidence gathered during such hearing and in the suppression hearing, are hereby entered in conformity with this opinion. I. BACKGROUND On August 31, 2005, the Army deployed Appellant, a chaplain in the U.S. Army National Guard, with the 23rd Infantry Brigade of the Alabama Army National Guard to Camp Shelby, Alabama. That deployment was intended to provide Appellant with a two-year rotation period of duty in Iraq. The U.S.
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United States Department of Labor Employees Compensation Appeals Board A.C., Appellant and DEPARTMENT OF THE ARMY, ALABAMA ARMY NATIONAL GUARD, Birmingham, AL, Employer))))))))) Appearances: Appellant,
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