Howard E. BUNCH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

Bunch appeals from the judgment of the district court in an age discrimination action and from the denial of his motion to strike testimony, or alternatively for a new trial or for relief from judgment. We must decide whether the district court erred in denying Bunch’s motion; and, if so, whether the record shows prejudice. We find no error and no prejudice. We affirm the judgment and ruling of the district court.

I. FACTUAL BACKGROUND

A. Selection Process

In 1973, there was an opening at McChord Air Force Base in Washington for a position as an Air Force Reserve Technician (ART) Flight Instructor (Fixed Wing). Two candidates were considered for the position, Bunch and Charles Casson. Their records were reviewed and each was interviewed. After this preliminary process, Bunch was recommended as the primary nominee and Casson was selected as the alternate nominee. In keeping with the ART selection procedures, these recommendations were submitted to the Headquarters Air Force Reserve (AFRES) at Warner Robbins Air Force Base in Georgia.

At AFRES, the military records, including Officer Evaluation Reports (OER’s), and the educational backgrounds of both candidates were reviewed by…