Birdwell v. United States

OPINION

HORN, Judge.

Plaintiff, Collum D. Birdwell, is an Air Force Reserve Officer Chaplain who retired from active duty on June 30, 1977. Prior to his involuntary separation, plaintiff was considered, but not selected, for promotion to the temporary grade of Major by a Temporary Major Selection Board convened on October 18, 1976.

On June 24, 1983, plaintiff filed this military pay case seeking reinstatement to active duty with back pay and the resulting service benefits. Plaintiff asserts that his separation was improper because it was based upon an incorrect Officer’s Effectiveness Report…