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613 F.2d 767

Docket No. CV. 77-2163.

Blevins v. Honorable Plummer

Ninth Circuit Court of Appeals

Argued and Submitted Dec. 6, 1979.

Decided Feb. 14, 1980.

Ninth Circuit Court of Appeals · decided 1980-02-14

2 counsel of record

Applies 5 U.S.C. § 552A (§ 3 of the Privacy Act of 1974)

Relies on Board of Regents of State Colleges v. Roth · In re Vendo Co. · Skinner v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1980-02-14

How this case has been cited

Cited by 17 later decisions — most recently September 2006

11 federal appellate ·

110198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Richard P. Fox, Los Angeles, Cal., for plaintiff-appellant.

¶2Steven D. Petersen, Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellees.

¶3*768Before GOODWIN, HUG and FLETCHER, Circuit Judges.

¶4PER CURIAM:

¶5Thomas Blevins, an Air Force lieutenant colonel, was disappointed when he was not selected for promotion to colonel. After exhausting his administrative remedies, he sued- the Secretary of the Air Force. He appeals an adverse judgment on the district court pleadings.1

¶6Blevins believes he was not promoted because of the inaccuracy or incompleteness of his personnel file. His administrative requests that the file be amended, either by the insertion of a “letter of mitigation” 2 or by changing an Officer Effectiveness Report in the file in accord with the letter, were all denied. In this action Blevins seeks judicial review of the administrative denials as well as actual promotion to colonel.

¶7None of the various theories advanced by Blevins in support of civilian judicial review finds support in the cases. His constitutional arguments fall because Blevins had no liberty or property interest in being promoted. See Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Pauls v. Secretary of Air Force, 457 F.2d 294, 297 (1st Cir. 1972); Knehans v. Callaway, 403 F.Supp. 290, 296 (D.D.C.1975), aff’d sub nom. Knehans v. Alexander, 184 U.S.App.D.C. 420, 566 F.2d 312 (D.C.Cir.1977), cert. denied, 435 U.S. 995, 98 S.Ct. 1646, 56 L.Ed.2d 83 (1978).

¶8His other arguments similarly fall. The plaintiff officer points to no breach of regulation, or statutory or other published procedures. He alleges no improper command influence or other glaring military error such as were found in the few cases in which civilian judicial review resulted in relief. See, e. g., Skinner v. United States, 594 F.2d 824 (Ct.Cl.1979); Yee v. United States, 512 F.2d 1383 (Ct.Cl.1975).

¶9Blevins also raises a claim under the Privacy Act (5 U.S.C. § 552a). However, the Air Force regulations implementing the Privacy Act limit corrections to “factual matters,” 32 C.F.R. § 806b.l7.3 Blevins requested correction not of an error of fact, but of an error of judgment. Therefore, the Privacy Act simply does not apply.

¶10Affirmed.

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