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JOHNSON v. REED

No. 77-2570.

609 F.2d 784 (1980)

Russell G. JOHNSON, Plaintiff-Appellee, v. Thomas C. REED, Secretary, United States Air Force, and United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 10, 1980.

Attorney(s) appearing for the Case

Captain Steven Miller, Dept. of the Air Force, Washington, D. C., for defendants-appellants.

Stayton M. Bonner, Wichita Falls, Tex., for plaintiff-appellee.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

FAY, Circuit Judge:

Russell Johnson contests his release from active duty after two Air Force selection boards passed him over for promotion. He claims that the Air Force included prejudicial material in his file and improperly dated his records. Although pursuant to Johnson's administrative challenges the Air Force partially corrected the file, it neither voided the second pass over nor prevented Johnson's release from duty. The district court found the Air Force...

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