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Board for Correction Case No. 074-86

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Board for Correction Case No. 074-86

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

Recommendation of the Board for Correction on Case No 074-86, xxxxxxx

Xxxxxxx filed an application with the Board for Correction dated xxxx xxx 1986, requesting the Board to: remove from her official personnel file the xxxxxxx 1986 COER evaluation completed on her covering the period from xxxx 1985- xxxxxx 1986. The merits of her 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 Xxxxxxx request be denied. Approval of this recommendation requires no change in her 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 this 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 and policies, it has been considered in arriving at this recommendation. Finally, it is certified that a quorum of Board members was present on xxxxxx 1987 when Xxxxxxx 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 for Correction on the request of xxxxx which was received and considered in accordance with the authority of 1O U.S.C. 1552 and 42 U.S.C. 213a (12).

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

BOARD ACTION ON THE REQUEST OF xxxxxxxxxx

FINDINGS AND CONCLUSIONS:

  1. The central question before the members of the Board was whether or not there was sufficient documentation in the record to support the request of Xxxxxxx that the comments entered into her personnel file incident to one of her COER evaluations should be removed. The Board members found that:

    1. While Xxxxxxx supervisor did not follow to the letter the established procedure for processing her evaluation, the failure to do so did not deny xxxxx the opportunity to rebut those comments she felt did not reflect favorably on her capabilities and performance. The record showed that, in fact, Xxxxxxx did rebut those comments she felt were misrepresentative.
    2. From all indications, the comments in xxxxx personnel file did not adversely affect her career opportunities, since she had been promoted.
    3. There was no strong documentation in the record to indicate that Xxxxxxx had been wrongfully evaluated or that the comments included with her evaluation were maliciously intended.

Therefore:

The members of the Board concluded that while Xxxxxxx may not have liked or agreed with the comments submitted by her supervisor, there was no basis upon which the Board members could recommend, that they be removed from her personnel file.

RECOMMENDATION

After consideration of all information received. the recommendation of the members of the Board for Correction is that Xxxxxxx request be denied. Approval of this recommendation requires no change in her 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.