NOVEMBER29,2010

 

 

 

UNITED STATES AIR FORCE

SECRETARY OF THE U.S. AIR FORCE

HON. MICHAEL B. DONLEY

1690AIR FORCE PENTAGON

WASHINGTON,D.C.20330-1670

 

 

 

 

 

 

RE:BCMR RESOLUTION

 

 

 

MR. SECRETARY,

 

 

Some years ago, the undersigned, Edwin H. Crosby III,took litigation to the U.S. Supreme Court regarding a “ false & stigmatising coded number placed upon my person “.Called a SPN, or, SDN code.In court in 1978 the U.S. Attorney and a U.S.A.F. Col. Bruinooge testified to U.S. Federal Judge Edmund Port that Mr. Crosby should have received SDN-46A, Unsuitability, Apathy.Fact of the matter Mr. Secretary, a REPORT from the Comptroller General dated AUGUST 11, 1972, old REPORT NO:B164031(2), NEW Report NO:094041, tells us the USAF was using SDN-46A to discharge soldiers for DRUG ABUSE.The U.S. Attorney and Col. Bruinooge committed FRAUD UPON THE COURT, and perjured themselves.

 

In 1999, veteran Crosby submitted a CLAIM to the U.S. Air Force Board For Correction of Military Records.There was “ legal precedent “from a court case at the U.S. Federal Claims Court,CASEYv.U.S.8 Cl.Ct. 234 (1985) .Judge YOCK ruled that a veteran with a “ stigma “ discharge involving a BAD reason for discharge, was in fact entitled to a Due Process of Law Hearing.Of course,upon discharge,Veteran Crosby was given NO DUE PROCESS Hearing, nor any notice of such a false and stigmatizing coded number being placed upon his DD-214.

 

Attached to this resolution request,please locate a letter from the Department of The Army, dated September 10, 2010, and addressed to U.S. Senator Richard Lugar.I call your attention to QUESTION 2.TITLE 10 U.S.C. Section 1552 gives you the authority Mr. Secretary to correct a military record, correct an error or remove an injustice.Moreover, you can authorise records to reflect the completion of period of service, which would result in payment of back pay and allowances.

 

Mr. Secretary, members of the U.S.A.F. have committed serious crimes involving this case/claim.A 536 page legal transcript in the Court of Veterans Appeals has been spoliated; Fraud Upon the Court and perjury committed; obstructing governmental administration; etc.It is quite possible with interest due,Veteran Crosby could be due many hundreds of thousands of dollars, or even millions of dollars.I wonder what kind of person would want this all aired in a Federal Court Room, when better heads can come to a reasonable negotiated settlement.

 

When this case would be filed in Federal Claims Court, all the criminal acts would be mentioned, what excuse can be given for failure to follow res judicata( an issue that has been definitively settled by judicial decision ) by your legal department ??

 

Veteran Crosby who re-enlisted in Vietnam, was discharged for failing to get down on his hands and knees and MOW an acre of grass with a pair of HAND CLIPPERS.In the least, we should be discussing the proper corrections of records, deprivation of civil rights, deprivation of UCMJ Rights, fulfilment of Due Process Rights, proper compensation for the duration of contracted duty, loss of re-enlistment opportunities and promotions, defamation of character, loss of civilian opportunities and earnings, USAF malicious intent, and damages.Through settlement discussion without a filed court complaint, we can save the taxpayers some money, preserve the image of the USAF, and settle these matters via a non-contentious manner- out of court.

 

Mr. Secretary,under the law,Title 10 U.S.C. Section 1552 YOU have the authority to settle this matter.In good faith,this resolution is submitted to you hoping to prevent the airing of dirty laundry in public.It is hereby requested Mr. Secretary that you respond to this resolution, whereupon, Veteran Crosby who has USAF stipulation that they gave veteran Crosby a false & stigmatising coded number, then failed to HONOR JUDGE YOCK’S decision in CASEYv.U.S.Mr. Secretary, please read the attached AUGUST 22, 2008, MOTION, CLEAR & UNMISTAKABLE ERROR submitted to YOUR BCMR.Once again, they make NO mention of the CASEYv. U.S. decision or a Due Process Hearing, or, correction of records as mentioned in the US ARMY response to Question 2.

 

Question 3 from the U.S. Army letter dated 09-10-2010 mentions destroying or altering a relevant document.Would you produce a copy of the letter in which USAF Personnel notified Justice Department Officials of SPOLIATION of a legal transcript submitted to “ any Federal Court Clerk “ ?That would be appreciated.

 

It is my belief Mr. Secretary that upon reading this missive, and reading both the U.S. Army letter of 09-10-2010 and the AUGUST 22, 2008, claim to USAF BCMR,that we can come to negotiated settlement without airing this matter in Federal Court.You clearly realize Mr. Secretary, this matter should have been settled years ago, in an Honorable manner.

 

This decorated combat veteran who was about to return to Vietnam for a 3rd tour, but ran into a group of anti-Vietnam Veterans who never served in combat.Veteran Crosby served his country with Honor, and should never have been stabbed in the back with a false and stigmatising coded number.I await your reply as to whether or not it’s the courtroom,or we can settle this matter in an Honorable fashion via negotiations.You have the legal authority to do this.

 

Lastly, this resolution represents NO threat whatsoever.Makes NO blackmail attempt or extortion from the U.S. Air Force.It is merely an attempt to resolve a CLEAR & UNMISTAKABLE ERROR on part of U.S. Air Force Board For Correction of Military Records failing to follow res judicata,i.e.CASEYv.U.S.8 Cl.Ct. 234 (1985) without going to Federal Court.Secretary DONLEY does have the legal authority to settle this 30 year old LIBERTY issue.

 

 

THANK YOU MR. SECRETARY FOR YOUR JUST AND HONORABLE CONSIDERATION.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EDWINH.CROSBYIII

107E.MEADOWBROOK

CLEVER,MO.65631

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