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B-191809 1 (1978-05-31)

handle is hein.gao/gaobadtrc0001 and id is 1 raw text is: 

                                                                         1087
                    UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548                ;-      ,

                                                       IN REPLY
                                                       RFE To B-191809
tICE OF GENtAL COUNSEL


      The Honorable Barbara Allen Babcock                 MAY 3   1q79
      Assistant Attorney General
      Civil Division
      Department of Justice

           Attention. LeRoy Southmayd, Jr., Attorney
                       Court of Claims Section

      Dear Ms. Sabcock:

           Subject:                    v. UnitedStates
                     Court of Claims N. 166-78

           This is in response to your letter of April 26, 1978 (file
      reference 6ABA.JFM:LS:amc 154-166-78), and statutory call form of
      the same date, requesting a report on the above-captioned case.

           We have found no record of any claim filed with the General
      Accounting Office on account of the matters set forth in the
      petition, or of any claim upon which a cross action against the
      plaintiff could be based. We also have no information as to the
      facts of this case other than 1hat is stated in the petition.

           Accordina to the petition, the plaintiff-, Staff
      Sergeant                  , USAF, while serving on active duty
      as an officer in the Air Force, was promoted to temporary major
      on October 1, 1971. However, the Air Force boards selecting
      for promotion to permanent major that convened on July 8, 1974,
      and August 18, 1975, did not select him.

           On Aril 29, 1976, Sergeant         was honorably discharged
      from the Air Force for having twice failed of selection to perma-
      nent major, in accordance with 10 U.S.C. 5 3303 (1970). 'e
      enlisted in the Air Force in the grade of sergeant on July 27,
      1976.

           Petitioner contends that his 1971-1972 and 1972-1973
      Officer Bffectiveness Reports (ERs), in vhich he was not rated
      as highly as he had been previously, caused his nonselection.


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