James C. Reece v. United States of America

This is an appeal from an order of the United States District Court for the Eastern District of California which dismissed appellant’s complaint.

Jurisdiction is premised on the Administrative Procedure Act ( 5 U.S.C. §§ 701-704 ).

Appellant is a federal civilian employee of the United States Air Force. In 1967, he had achieved the rating of GS-301-13, logistics officer.

At this time, the Air Force determined to merge two aircraft management systems and thereby reorganize the supply division in which appellant worked. In the ensuing administrative realignment, appellant was to be transferred to a position of equal pay and grade within the merged systems. The GS-14 position as head of this amalgamated system was to be filled by another employee who was already a GS-14.

Appellant felt that he should have been promoted to fill this position. Thus, he protested his transfer, claimed he was entitled to a non-competitive promotion under the “job enlargement” provisions of AFR 40-335, and requested a Technical Review of his case.

This review was conducted, with the examiner concluding, among other things, that the reorganization was appropriate and that appellant was not absolutely…