Engle V United States

Key Facts

Issues

• The court held that the AFBCMR violated 10 U.S.C. § 628(a)(1) by arbitrarily denying Lt Col Engle promotion consideration by a special selection board (SSB), as his missed promotion opportunities were caused by administrative error.
• The court concluded that the AFBCMR's offered relief did not violate 10 U.S.C. § 1552, as the correction restored Lt Col Engle's status under 10 U.S.C. § 1558(c)(2)(A) and did not act against him without his consent.
• The court found the AFBCMR's denial of an active duty promotion to lieutenant colonel was not arbitrary, as reserve and active duty promotion boards are separate competitive settings under 10 U.S.C. §§ 611 and 14301.
• The court determined that the AFBCMR is required to correct Lt Col Engle's military records to remove his involuntary separation, as mandated by 10 U.S.C. § 1558(a) and AFI 36-2501, following his selection for continuation by a special board.

Holdings

• The Court finds that the AFBCMR's denial of Lt Col Engle's request for an active duty promotion to lieutenant colonel based on his reserve promotion was not arbitrary or capricious, as reserve and active duty promotion boards operate in distinct competitive settings.
• The Court determines that the AFBCMR violated 10 U.S.C. § 628(a)(1) by failing to convene a special selection board (SSB) for Lt Col Engle to assess his eligibility for active duty promotion to lieutenant colonel, as his non-selection was due to administrative error.
• The Court holds that the Air Force Board for Correction of Military Records (AFBCMR) is required to correct Lt Col Engle's military records to remove his involuntary separation, as mandated by 10 U.S.C. § 1558(a) and AFI 36-2501, following a special board's selection for continuation.
• The Court concludes that the AFBCMR's offered relief under 10 U.S.C. § 1558(c)(2)(A) does not violate 10 U.S.C. § 1552, as the relief restores Lt Col Engle to his status as a major with continuation and retirement rights, and does not constitute a demotion.

Remedies

• The court remands the case to the Air Force Board for Correction of Military Records (AFBCMR) to convene a Special Selection Board (SSB) for the plaintiff's promotion consideration under 10 U.S.C. § 628(a)(1). The AFBCMR is directed to issue a new decision based on the SSB's results, which will determine the appropriate relief under the Military Pay Act.
• Proceedings in the case are stayed until July 1, 2026, pending the AFBCMR's decision on the remanded matter.
• The AFBCMR must forward its decision to the plaintiff and counsel for the United States by email, and also send two copies to the Clerk of the Court as per RCFC 52.2(d).
• The government is required to submit a status report to the court by May 4, 2026, regarding the status of the proceedings on remand.
• The parties must file a notice within 30 days of the AFBCMR's decision, indicating whether the actions on remand provide a satisfactory basis for the case's disposition and if further proceedings are needed.

Legal Principles

Precedent Name

• BC-2006-00134
• BC-2004-03840
• Baude v. United States
• Porter v. United States
• Berkley v. United States

Cited Statute

• Military Pay Act
• United States Code

Judge Name

Passage Text

• The Court finds that the AFBCMR violated its obligation to provide Lt Col Engle with relief under 10 U.S.C. § 1558(c)(2)(A) by failing to restore his entitlement to promotion consideration and by failing to convene an SSB.
• The Court finds that the AFBCMR's decision to deny Lt Col Engle's request for an active duty promotion to lieutenant colonel was not arbitrary or capricious.
• The Court GRANTS-IN-PART and DENIES-IN-PART the parties' cross-motions, ordering the case remanded to the AFBCMR to convene an SSB for Lt Col Engle.