From; Attorney Miguel (Mike) Swanwick. To; Maj.John R.Foster. Re: Foster vs. Alexander. Enclosed please find a copy of the Complaint that I filed on your behalf Mar.4, 1977 in the U.S.District Court for the Middle District of Georgia in Columbus. I have not included the exhibits which are referred to in the Complaint as I have only 1 set of them left and they are approximately one hundred pages long. When I come to Columbus for the Injunction hearing I will show them to you and you can peruse them at your leisure. On Friday, Mar.4,1977 I had a meeting with Judge Elliott in his chambers during which time he set your Injunction hearing for Friday, Mar.18,1977 at 9:00 A.M. *Document: COMPLAINT for DECLARATORY JUDGMENT and INJUNCTIVE RELIEF. Maj.John R. Foster U.S. Army. Columbus,GA. Versus Clifford Alexander, The Secretary of the Army, The Pentagon, Washington,D.C. The above named plaintiff filed this Complaint against the above named defendant complaining and alleging as follows: JURISDICTION; paragraphs 1 and 2. See folder for details. FACTUAL STATEMENT. 1.) Your plaintiff is a Reserve Commissioned Officer in the United States Army, holding the grade of Major currently serving on active duty at Fort Benning, GA. 2.) The permanent promotion of Reserve Army officers is governed by Title 10, U.S.Code, Sections 3351 through 3395. Temporary promotion for both Reserve and Regular officers is governed by Title 10,...Sections 266,267,3441 to 3452 etc. 3.) Prior to May 19,1975, Army Reg. 624-100 and Army Reg. 635-100 provided in substance that if a Reserve Officer were twice considered for temporary promotion but considered "not fully qualified to assume the duties of the next higher grade" ("passed over") by a Promotion Selection Board for temporary selection to the next higher grade, he would be terminated from active duty at the expiration of 90 days from the date of the receipt of the appropriate notice. Etc. 4.) An Army Promotion Selection Board was convened prior to May 19,1975 (which is hereinafter referred to as the 1975 original Lt.Colonels Selection Board) to consider eligible officers, including your Plaintiff, for temporary (AUS) promotion to the grade of Lt.Colonel, which Board did not select your Plaintiff for promotion. 5.) Title 10, United States Code, Section 266, as amplified by Section 277, REQUIRES that each Board convened for the promotion,.....,SHALL INCLUDE AN APPROPRIATE NUMBER OF RESERVES. Etc. 6.) AR 624-100,Sec.,III, para.16b states, with regard to the composition of the Selection Boards, that whenever a zone of consideration includes non-Regular officers (i.e.,Reserve officers),Selection Boards, will, where practicable, include at least one officer of the Reserve Component. 7.) That with respect to the original 1975 Lt.Colonels' Selection Board referred to in paragraph 4 above, which considered but did not select your Plaintiff for temporary promtion to the next higher grade of Lt.Colonel, NONE OF THE OFFICERS ON THE SELECTION BOARD WAS A MEMBER OF THE RESERVE COMPONENT IN DIRECT VIOLATION OF TITLE 10, Etc. 8.) Army Board for Correction of Military Records ("ABCMR")....Applications for correction of military records...,voiding of their failure of selection for promotion to the next higher grade and appropriate correction of their records.. As grounds for relief, Applicants set forth certain challenges to the validity of the actions of the Selection Boards in question....including the fact that there was not Reserve membership on the original 1975 Lt. Colonels' Selection Board contrary to the statute etc. 9.)Discusses how the 1975 Selection Board resulted in an injustice to the applicants in that it deprived them of consideration for promotion etc. On Jan.27,1976, the Secretary of the Army approved findings, conclusions and recommendations of the ABCMR and issued a directive to the Chief of Staff....which directed the Chief of Staff to convene new Selection Boards in accordance with the recommendations of the ABCMR pursuant to the 1975 criteria. 10.) That prior to the convening of the Reconstituted 1975 Selection Board, your Plaintiff was again considered for temporary promotion by a 1976 Selection Board and AGAIN WAS NOT SELECTED FOR PROMOTION. 11.) Plaintiff, subsequent to his non-selection by the 1976 Board, was not notified of termination from active duty but was retained on active duty pending the completion of the 1975 Reconstituted Lt. Colonels' Selection Board. 12.) Plaintiff WAS AGAIN NON-SELECTED BY THE 1975 RECONSTITUTED LT.COLONELS' SELECTION BOARD. 13.)....Therefore, the ABCMR concluded that the original 1975 non-selection for promotion was "neither erroneous or unjust," and the ABCMR applications were denied as indicated by the "Proceedings" attached hereto which ruling was applied to your Plaintiff. 14.) The ABCMR decision, as applied to Plaintiff, resulted in him being notified...THAT HE WOULD BE TERMINATED FROM ACTIVE DUTY NINETY DAYS FROM RECEIPT OF SUCH NOTIFICATION, MARCH 30, 1977. 15.) PLAINTIFF HAS IN EXCESS OF SIXTEEN (16) YEARS OF ACTIVE DUTY SERVICE, and absent his termination from active duty within ninety days of receipt of the written notice set forth in "Attachment E", HE WOULD HAVE REACHED 18 YEARS OF ACTIVE DUTY AND WOULD HAVE QUALIFIED FOR RETIREMENT PURSUANT TO THE PROVISIONS OF TITLE 10,...ETC...BUT THAT IF SUCH OFFICER IS TERMINATED FROM ACTIVE DUTY PRIOR TO REACHING 18 YEARS CREDITABLE ACTIVE DUTY SERVICE, HE LOSES ALL RETIREMENT BENEFITS. 16.) That your Plaintiff has exhausted all available administrative remedies. COUNT ONE PLAINTIFF ASSERTS THAT THE ACT OF THE SECRETARY IN ORDERING HIS RELEASE FROM ACTIVE DUTY IS UNLAWFUL AND THEREFORE VOID FOR THE FOLLOWING REASONS: 1. and 2,A.B.C.and D. COUNTS TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT AND NINE.....All provide evidence in support of the Plaintiff. PRAYERS FOR RELIEF: Wherefore, Plaintiff prays that as to all Counts set forth above the Court grant the following relief: A. Issue preliminary and permanent injunction restraining the Secretary from releasing Plaintiff from active duty pending a judgment on the merits. B. Determine the Plaintiff's rights in the premises. C. Order the Secretary of the Army to withdraw the notification of release from active duty and to expunge any reference thereto in Plaintiff's official records. D. Direct the Secretary of the Army to expunge from the record of your Plaintiff any and all indications that the actions of the 1975 original Lt.Colonels' Promotion Selection Board or the 1975 Reconstituted Lt. Colonels' Promotion Board constituted a passover for promotion as defined in Army Regulations. E. Declare the 1976 Lt.Colonels' Promotion Selection Board invalid and void the Plaintiff's non-selection for promotion by that Board. F. Grant the Plaintiff any other relief as the nature of the cause may require to include the costs and expenses of this action, the action before the ABCMR and reasonable counsel fees incurred in this action and in the action before the ABCMR.