former position, that

he was entitled to receive interest on his award of back pay, and that the Air Force had failed to hire

him prior to 1984 in violation of the prohibition against racial discrimination—the same claim that

he had first raised in 1984, that the EEOC had refused to reinstate in 1987, and that the district court
had dismissed as untimely in 1988.

        The EEOC/ORA determined that Jackson was not entitled to recover back pay interest, and

it dismissed the claim of discriminatory hiring practices because it was not raised in the pending

EEOC complaint (which derived exclusively from Jackson's second complaint regarding the

circumstances surrounding his termination—not his employment). Finally, although the EEOC/ORA

vacated the decision of July 12, 1989, and remanded to the Air Forcefor a supplemental investigation

into the position Jackson would have occupied had he not been discharged, the Air Force reaffirmed

its finding that Jackson had been reinstated to the position he would have held had he not been

terminated. The EEOC thereupon closed its file.

        Once again, Jackson filed suit in federal court, seeking to recover interest on the back pay

awarded to him pursuant to the 1989 settlement agreement and renewing his original claim that the

Air Force had failed to hire him, in violation of the prohibition against racial discrimination. After the

conclusion of the Air Force's supplemental investigation, and the subsequent decision of the EEOC

to terminate its compliance file in this case, Jackson amended his complaint to add a cause of action

for failure to