Hodakievic v. United States

OPINION

MEROW, Judge:

This case comes before the court on cross motions for summary judgment. Plaintiff, Edward L. Hodakievic, a retired Air Force major, seeks reinstatement to the active reserves and back pay from September 18, 1977 to the date of judgment.

Facts

Plaintiff is a retired Air Force reserve officer. While serving as a major on active reserve duty, he was twice passed over for promotion. The first decision to passover plaintiff was made when plaintiffs file included a later voided Officer Effectiveness Report (OER). The second passover decision was reached without consideration of…