Mercer v. United States

OPINION

DAMICH, Chief Judge.

I. Introduction

This case involves Plaintiffs claims that he has been improperly denied promotion within the United States Air Force due to retaliation in his performance reports for having identified alleged over-billing practices by the military of the Veterans Administration (VA) for certain medical treatments. Plaintiff seeks: (1) promotion to Lieutenant Colonel and back pay for that rank; or, alternatively, (2) removal of the retaliatory performance report and of all subsequent performance reports and records tainted thereby, and a new selection board convened…