regulation. Id. It is clear that Dr. Klingenschmitt has failed to make this demonstration. The Secretary of Defense has the statutory authority to issue regulations concerning the discharge of a military chaplain who “fails to maintain the qualifications needed to perform his professional function.” 10 U.S.C. § 643. In accordance with that authority, the Secretary published DoDI 1304.28, entitled “Guidance for the Appointment of Chaplains for the Military Departments.” That Instruction provides that if a chaplain’s ecclesiastical endorsement is ever withdrawn, “[processing for separation in accordance with [10 U.S.C. § 643] shall be initiated immediately [upon receipt of notice of the withdrawal].” DoDI 1304.28, ¶ 6.5. See Klingenschmitt v. Winter, 275 Fed.Appx. 12, 13 (D.C.Cir.2008) (<HOLDING>); see also SECNAVINST 1920160 (19 Sept. 2007),
holding that institution of separation proceedings was mandatory under applicable regulations once dr klingenschmitt lost his ecclesiastical endorsement holding that the court lacked subject matter jurisdiction over the plaintiffs allegations that a cba violated applicable laws rules or regulations and noting that those allegations could be raised in other appropriate proceedings such as grievance arbitration and unfair labor practice proceedings and if the agreement provisions were found to be violative of the statute or any other applicable law rule or regulation they would be void and unenforceable holding that the statute is mandatory holding that the penalty is applicable holding the mandatory minimum sentence to be constitutionally applicable to respondent