OKLAHOMA CITY (KFOR) – A new lawsuit filed Wednesday afternoon asks the court to rule that Robert Allen Jr. “is not qualified to hold the position” of Larry Van Schuyver’s replacement on the Veterans Commission.

Van Schuyver was fired the week of the primary election in late June.

Allen Jr. was named as his replacement, but the lawsuit claims that the Oklahoma Military Order of the Purple Heart did not recommend him as the new commissioner.

Mark Hammons is the attorney that filed the lawsuit. He spoke last week to the media about this lawsuit and said Gov. Kevin Stitt did not follow state statute when finding Van Schuyver’s replacement.

The suit said the Oklahoma Military Order of the Purple Heart “supplied a list of five nominees for the Commissioner position and Respondent, Robert Allen Jr. was not included on that list.”

All five names were listed in the lawsuit and those include: Mitch Reed, Gary Lewis, Larry Van Schuyver, James Battles and Bruce Dwyer.

The petitioners ask the court to:

  1. “Declare that Robert Allen Jr. is not qualified to hold the position”
  2. “Declare the Commissioner position…vacant”
  3. “Temporarily restrain and enjoin Mr. Allen from acting or purporting to act as the Commissioner”

The filing was about an hour before the courthouse closed. The governor’s office was not available for a comment.

Last week, Larry Van Schuyver talked with KFOR about the Stitt’s decision to pick Allen Jr. despite being on the recommendation list.

“What he did is he basically told the Purple Heart, ‘I’m smarter than you guys, and I’ll pick your representative,'” said Van Schuyver.

The decorated veteran said organizations take the recommendation process seriously because they want someone that best represents their interests.

“No service organization is going to say, ‘Yes, governor, pick our people for us,'” said Van Schuyver.