Berkley v. United States

OPINION

HORN, Judge.

This case arises out of an Air Force Secretary’s Memorandum of Instruction given to an Air Force Reduction-In-Force (RIF) Board. Plaintiffs claim that the Memorandum violated their rights under the Fifth Amendment to the United States Constitution by allegedly requiring the Board to consider race and gender as factors in making its decision. The Memorandum, however, does not include a racial or gender classification bestowing a benefit or burden based on that classification which would require the imposition of heightened scrutiny by the court of the government action. In…