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Board for Correction Case No. 068-86

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Board for Correction Case No. 068-86

124.00 Commissioned Officer Effectiveness Report (COER)-Includes Performance Evaluation - Remove evaluation report

Recommendation of the Board for Correction on Case No. 068-86, xxxxxxx

Xxxxxxxxx filed an application with the Board for Correction dated xxxxxx 1986, requesting the Board to remove from his record two COER's (covering the periods from xxxxxx 1984 to xxxxxxx 1985 and the six month evaluation from xxxxxx 1985 to xxxxx 1986) and provide him assurance that unjust tactics will not be used in future COER's. The merit of his request were reviewed on the basis of the documentation received. The relevant facts in the Board's Proceedings are included as Attachment 1.

After consideration of all information received, the recommendation of the members of the Board for Correction is that xxxxxxxx request be denied and that no change be made in his record.

It is certified that the foregoing recommendation is a true and complete statement of the action taken by the members of the Board for Correction, as contained in the Attachments to this memorandum, and that the report of the action has been reviewed by the Board members. Further, it is certified that the documentation contained in Attachment 2 includes all information received by the members of the Board and that, in addition to applicable statutes, regulations policies, it has been considered in arriving at this recommendation. Finally, it is certified that a quorum of Board members was present on xxxx 1986 when xxxxxx request was considered.

The foregoing action of the Board for Correction is submitted for your review and approval.

Ellen Wormser

Attachments:

(1) Board Proceedings
(2) Case File including all documentation received

Reviewed and Approved

I hereby approve the recommendation of the members of the Board on the request of xxxxxxx which was received and considered in accordance with the authority of 10 U.S.C. 1552 and 42 U.S.C. 2138 (12).

Wilford J. Forbush
Deputy Assistant Secretary for Health Operations and
Director, Office of Management

PART B - BOARD ACTION ON THE REQUEST OF xxxxxxxxxxx

I. FINDINGS AND CONCLUSIONS:

The central issue before the Board members was whether or not the proper procedures were followed in conducting xxxxxxxxx COER evaluation? In considering the documentation before the Board, the members found that:

  1. There was no basis in the record before them for contesting the validity of the evaluation ratings given to Xxxxxxxxx.
  2. There was no evidence that the management officials in Xxxxxxx chain of command did not comply with official policy and procedures requiring an officer's evaluation to be discussed with him/her at least once a year. This discussion was generally to coincide with the officer's annual COER.
  3. The management officials in Xxxxxxxx chain of command supported the practice of conducting frequent and informal discussions with officers concerning their performance and this was done in the case of Xxxxxxxxxx.
  4. The Supervisor's Guide setting forth a procedure for dealing with marginal or substandard performance was intended to be suggestive to management officials, but did not substitute for official policy and procedures in this area.

Therefore:

The members of the Board concluded that there was no basis for seeking to change or rectify the actions taken by the management officials in Xxxxxxxxx chain of command which he alleged were unjust and without documentation leading to harassment of him as an employee. The Board members concluded, further, that there was no evidence that the actions taken by said management officials were arbitrary to capricious.

II. RECOMMENDATIONS:

After consideration of all information presented, the recommendation of the members of the Board for Correction is that xxxxxxxx request be denied. Approval of this recommendation requires no change in Xxxxxxxxx record.


Anyone wishing to obtain an un-redacted copy of any of the decisions should submit a request for the un-redacted decision under the federal Freedom of Information Act (FOIA). Such requests should be directed to the PHS FOIA Office, Parklawn Building, Room 17 A-46, 5600 Fishers Lane, Rockville, MD 20857; telephone 301-443-5252; fax 301-443-0925.