Witt v. Department of the Air Force et al

Filing 96

REPLY, filed by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker, TO RESPONSE to 92 MOTION to Amend 87 Order on Motion for Protective Order, (Attachments: # 1 Exhibit, # 2 Exhibit)(Phipps, Peter)

Witt v. Department of the Air Force et al

Doc. 96 Att. 2

EXHIBIT 2
Declaration of Brian A. Pack

Dockets.Justia.com

Judge Ronald B. Leighton
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MAJOR MARGARET WITT
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Plaintiff,

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No. C06-5195 RBL
DECLARATION OF BRIAN A. PACK

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v.
UNITED STATES DEPARTMENT OF THE AIR FORCE, el al.

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Defendants.
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1. I, Senior Master Sergean t Brian A. Pack, am the Personnel Ut ili zation Branch Chief for the Air Force Reserve Command. I have held this position since 15 December 2008.

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2. My responsibi lities include oversight of the Air Force Reserve Command Separations
Branch. This branch is responsible for processing d is c h a r g e paperwork associated with

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administrative separations for cause.

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3. For Reserve officers involuntarily discharged fo r cause, the Secretary of the Air Force (or his
designee) is the final authority for deciding what their character of service will be. The

(C06-SJ95) DECLARATION IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOS ITIO N TO MOTION TO AMEND - I

UNrrnDSTATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCII P.D. BOx 883, BEN FRANKLIN S1 ...rlON W"'SKINQTON, D.C.l()044
(202)6 16-8482

Secretary's decision is transmitted to our Separations Branch, and we carry it out. We are not 2
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authorized to change the Secretary's decision.

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4. As evidenced in the 10 July 2007 Action of the Secretary ofthe Air Force (Attachment I), the Secretary of the Air Force (through his designee) directed that Major (Maj) Margaret Witt be discharged from the Air Force with an Honorable discharge. The 10 July 2007 Secretaria l decision document clearly states that Maj Witt was to receive an "Honorable discharge." I have searched our Automated Records Management System and found no other Secretarial directive.

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5. When the Secretary directs an Honorable service characterization, we issue an order describing the di sc harge as "Honorable." When the Secretary directs a General service characterization, we issue an order describing the discharge as "General (Under Honorable Conditions). " It is not our practice to issue orders describing Honorable or General service characterizations as si mply "Honorable Conditions."

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6. It has been brought to my attention that an order was issued describing Maj Witt ' s discharge as an "Honorable Conditions" discharge (Attachment 2). This description is erroneous. Our duty is to issue orders describing the actual determination of the Secretary ofthe Air Force, which in this case clearly stated that Maj Witt was to receive an " H o n o r a b l e " discharge. Moreover, I have checked our electronic Mi litary Personnel Data System (MiIPDS), a single tier data system that is a consolidation of all military personnel functions allowing support personnel to employ and/or update applications regarding members within the Regular Air Force, Air National Guard, and Air Force Reserves. MilPDS reflects Maj Witt's di sc harge as " Honorable. " It also re fl e c ts that Maj Witt' s officer separation record was created on 12 Ju ly 2007 and that the last entry to it occurred on 2 October 2007. The MilPDS system shows that the order we cut on 12 July 2007 was understood as implementing an " Honorable" service characterization. More importantly, the Secretary's decision document establishes that Maj Witt' s discharge service characterization is " Honorable."
(C06-5195) DECLARA nON IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF 'S OPPOSITION TO MOTION TO AMEND - 2
UNITED STATES DEPARTMENT OF JUsnCE CIVIL DIVISION. FEDERAL PROCRAMS BRANCH P.O. BOX 8&3. B~ FRANKlIN STA ION T WASHINGTON. D.C. 20044
(202)616.&482

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7. Accordingly, I initiated an amendment of OUf 12 July 2007 order to correct the clerical error apparent in its reference to an " Honorable Cond iti ons" discharge. The amendment has been made and a final copy of it is attached to thi s declaration as Attachment 3.

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8. I declare under penalty of perjury that the foregoing is true and correct.

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Executed on 18Junc2010

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(C06·S195) DECLARATION IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO AMEND· 3

UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH
P.O. BOx 883, BEN FRANKLIN ST ATIOtI W ASIIiNGTON. D.C. 20044 [phone]

ATTACHMENT 1
10 July 2007 Action of the Secretary of the Air Force

ATTACHMENT 2
12 July 2007 Reserve Order

ATTACHMENT 3
17 Jun 10 AF Form 973