the Medical School of the University of Florida; his educational expenses were paid by the U. S. Army, and he received full military pay and allowances while in medical school.
3. Plaintiff received an M.D. degree from the University of Florida in 1974.
4. During his last year of medical school, plaintiff applied for and was accepted for further military-sponsored professional training in the Army Internship Program to enable him to specialize in obstetrics and gynecology.
5. Upon graduation, plaintiff was assigned for his training to the Walter Reed Army Medical Center, Washington, D.C., where he served as an intern from June, 1974, until June, 1975.
6. By letter of December 3, 1974, plaintiff acknowledged his selection for residency training in obstetrics and gynecology. He participated in the residency program from June 24, 1975, to June 23, 1978.
7. During this period, plaintiff received four annual Officer Efficiency Reports (OER's): The first, covering his intern year, was for the period from July, 1974, to June, 1975; The second, covering the first year of residency, was for the period June, 1975, to June, 1976; The third, covering his second year of residency, was for the period June, 1976, to June, 1977; The fourth, covering his third year of residency, was for the period June, 1977, to June, 1978.
8. In April, 1977, plaintiff was considered for promotion to Captain in the Regular Army (RA) by a statutory Promotion Selection Board. The Board had before it the first three OER's, See paragraph 7, Supra. The Board recommended that plaintiff not be promoted; that recommendation was subsequently approved by the Secretary of the Army.
9. By letter of November 10, 1977, plaintiff was notified that the Board had not recommended that he be promoted. The notification indicated that the plaintiff's status was that of a "deferred officer" pursuant to 10 U.S.C. § 3303.
10. In April, 1978, a second statutory Promotion Selection Board convened to consider officers for promotion to Captain in the Regular Army. Plaintiff was one of the officers considered by the Board, which had before it the same three OER's considered by the Board noted in Paragraph 8, Supra. The Board recommended that plaintiff not be promoted. The Secretary of the Army approved the Board's action on April 26, 1978.
11. By letter of April 25, 1978, Major Gary L. Tonniges, AMEDD Personnel Support Agency, forwarded a request for Standby Advisory Board (STAB) reconsideration of plaintiff's non-promotion to the U. S. Army Military Personnel Center, Alexandria, Va. According to a notation on the request, a Mr. Dubbs concluded that the records indicated no basis for STAB reconsideration.
12. Subsequently, the Office of the Surgeon General determined that the file reviewed by the second promotion selection board contained two copies of the OER for the period June 24, 1975, through June, 1976, which was unfavorable.
On May 4, 1978, Lieutenant Colonel Kleber, Chief Personnel Services Division, Office of the Surgeon General, requested further review of plaintiff's personnel records to determine whether the duplication of the OER would form the basis for a STAB reconsideration of plaintiff's second non-promotion.
13. By letter of May 19, 1978, the Commander, Health Services Command, was notified that plaintiff had not been selected for promotion for a second time and, consequently, would be discharged on November 1, 1978, pursuant to 10 U.S.C. § 3303. However, paragraph 3 of the letter stated:
Subsequent to Captain Hadley's non-selection, it was determined that his Official Military Personnel File (OMPF) was improperly constituted. His records are being corrected and will be submitted to a Standby Advisory Board for consideration. Selection by this board and approval by the Secretary of the Army would result in Captain Hadley's promotion to Captain RA and would invalidate the 1 November 1978 mandatory discharge date . . . .