AUGUST 3, 2011
UNITED STATES SENATOR
HON. CLAIR McCASKILL
5850 DELMAR BLVD.
ST. LOUIS, MO. 63112
ATTN; MICHELLE SHEROD
RE: SECRETARY USAF LETTER DATED
JULY 26, 2011
First, please note the address change, I thought I notified your Office of my new address:
Edwin H. Crosby III
2835 S. Fort Ave
Springfield, Mo. 65807
Secondly, your letter of July 27, 2011, stating, “…regret that this matter could not be resolved in your favor “, is clearly not correct.
You Senator McCaskill were asked to have the Secretary of the United States Air Force answer a letter sent to him dated November 29, 2010. Once again, I am attaching a copy of this letter for you. Once you read that 11-29-2010 letter, do you see anything in the July 26,2011, letter signed by a Kelly L. Goggin regarding any mention of the following;
1. The CASEY v. U.S. 8 Cl.Ct. 234 (1985) case in which the Judge stated that any veteran with a stigma discharge, i.e. the assignment of a false & stigmatizing coded number was entitled to a “ Due Process of Law “ hearing. Moreover, by legal precedent, the USAF BCMR should have followed that very same legal precedent and the claim settled. That’s called “ arbitrary and capricious, abuse of discretion and injustice “. Those terms are required for a BCMR to correct a previous bad Decision.
2. Do you see any mention of WILHELMUS v. GEREN, civil action NO: 09-662, 2011 U.S. Dist. LEXIX 75020, decided JULY 13, 2011 ?? In fact Senator McCaskill, I sent your St. Louis Office a copy of that Decision PROVING what I have been saying, and WHY you have been asked to seek an HONEST reply to my 11-29-2010 letter to the Secretary. This DECISION shot holes in the BCMR’S claim that they are a Board of equity. Moreover, “ fundamental norm of administrative procedure requires an agency to treat like cases alike “. That is to say, they must follow LEGAL PRECEDENT, and if you’ll notice, Col. Goggin made absolutely NO mention of this recent court Decision, WHY ??
3. In Col. Goggin’s letter, 3rd paragraph, he makes mention of additional requests for reconsideration from Mr. Crosby and gives dates. I am unfamiliar with those dates, perhaps you might request from Col. Goggin those additional requests he speaks about. I would like to see them, wouldn’t you Senator McCaskill.
4. In that same 3rd paragraph, he speaks about, “….does not meet the criteria for reconsideration. Reconsideration is authorized only where newly discovered relevant evidence is presented “. THIS IS NOT TRUE. “ Arbitrary and capricious, matter of law, abuse of discretion, and injustice “. The fact USAF BCMR did not follow legal precedent is clearly newly discovered evidence, moreover, the citing of a court case, CASEY v. U.S. of which the USAF BCMR failed to follow legal precedent, is newly discovered evidence. The SPOLIATION of a legal transcript submitted to any “ federal court clerk “, is newly discovered evidence. It appears the USAF BCMR failed to take any of those issues into consideration.
5. Where is the letter I requested from USAF Secretary Donley in which “ his “ litigation office notified the U.S. Justice Department of the spoliation of relevant evidence, i.e. that legal transcript submitted to any federal court clerk. On page 2 of the 11-29-2010 letter to USAF Secretary I ask for a copy of that letter. That was not forthcoming.
Senator McCaskill, what is so difficult in obtaining the information that I requested your Office seek ? I am attaching for your information, two (2) letters sent to your Offices, one (1) to Springfield, and one (1) to St. Louis. The dates are 01-25-2011 and 02-28-2011. I do not see where Col. Goggin even came close to answering my concerns, and what clearly should be your concerns as well Senator McCaskill.
Shall we try again to get an answer from USAF SECRETARY DONLEY. I say we do, and mention the two (2) court cases listed above, and please don’t forget to ask why the Secretaries BCMR is NOT following legal precedent as the courts have instructed.
If I were in your shoes Senator McCaskill, I would not be happy with the response given to you by Col. Goggin. Bet he is laughing at not answering anything or speaking of “ this nation is governed by the rule of law “, something Washington, D.C. officials are fond of repeating to the general public. Clearly, they, USAF BCMR are not following the RULE OF LAW now are they.
Any and all assistance to get proper answers to the original request would be highly appreciated Senator McCaskill. I find it hard to believe you do not support the Veterans of the State of Missouri. The only place a veteran can really go to correct a record, fix an injustice is those Board For Correction of Military Records ( BCMR ). You are allowing them to literally get away with murder. ASK the right questions, PLEASE.
EDWIN H. CROSBY III
2835 S. FORT AVE
SPRINGFIELD, MO. 65807