Brooks v. United States

This case comes before the court on plaintiffs exceptions to certain findings and to the conclusion of law and opinion filed on August 2, 1976, by Trial Judge Thomas J. Lydon. He held for defendant on the basis that plaintiff had failed to carry his burden of proving that a vital Officer Effectiveness Report (OER) was not in his selection folder when a Selection Board considered plaintiff on October 7, 1974, for promotion from captain to major, but passed him over. He held that the record as a whole justified an inference that the OER was in the selection folder.

By order of February 13, 1976,…