David C. Roth v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
SCHALL, Circuit Judge.
David C. Roth was given mandatory retirement from the United States Air Force at the rank of major, effective July 1, 1995, after twice having been nonselected for promotion to the rank of lieutenant colonel. This followed a mandatory discharge in 1989 for failure to be promoted to major and subsequent reinstatement and promotion to that rank after corrective action by the Air Force Board for Correction of Military Records (“Board”). Following an unsuccessful application to the Board after his second separation, Mr. Roth filed suit in the United States Court of Federal…
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