Samuel Berger, a Marine Corps veteran and Purple Heart recipient who served in Iraq, wanted to be a New York City firefighter, but after he took emergency leave because his mother fell ill, he was denied re-entry into the FDNY Academy, according to the New York Daily News.

Berger said he was not scheduled to attend the fire academy until June, but on Dec. 10, he was told his new report date would be on Dec. 12. So, he dropped everything and began his training with the academy with a 95 percent average.

Berger had also served for six years with the Columbus Fire Department in Ohio. He said his is mother got sick and in early January he took emergency leave. He says he was then denied re-entry into the academy.

"Generally, they told me that you are given the option to re-certify your list number one time with the city," he said. "I said, 'OK, that's the route I'm going to have to go.'"

According to the NY Daily News, Berger asked to be placed in the June class he had originally been scheduled to attend. He then received a letter with the following statement from FDNY Supervisory Investigator Michael Fellner that said, "I think you need to be more concerned about the candidate next in line who you deprived the opportunity to be in this class."

Berger's response, "Trust me, I didn't plan this." 

But officials said  his emergency leave wasn't the problem. They said he never received an official leave of absence from the Columbus Fire Department. According to FDNY policy, working for two government agencies is unauthorized.

"They are trying to conflate the civil service laws of two states. They are trying to divert attention. The bottom line is that he qualified and he wants the job," said Berger's lawyer.

FDNY spokesman James Long said "the case is being reviewed."

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