LinkedIn Logo

Board for Correction Case No. 076-86

""

Board for Correction Case No. 076-86

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

Recommendation of the Board for Correction on Case No 076-86. xxxxxx xxxxxxx

Xxxxxxxx filed an application with the Board for Correction dated xxxxxxxx 1986 requesting the Board to remove from his official personnel file the xxxxx 1985 COER evaluation memorandum submitted by Xxxxxxxx. The merits 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 xxxxx request be denied. Approval of this recommendation requires no change 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 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 Xxxxxxx 1987 when Xxxxxxxx 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 Xxxxxxxx which was received and considered in accordance with the authority of 10 U.S.C. 1552 and 42 U.S.C. 213a (12).

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

FINDINGS AND CONCLUSIONS:

The central questions before the members of the Board for Correction was whether or not the appropriate procedural policy applicable to the conduct of Xxxxxxxx evaluation had been utilized. and if so. whether the policy had been applied correctly. The Board members found that:

  1. According to the Commissioned Corps documentation in the record. Xxxxxxxx COER evaluation was bound by Commissioned Corps policy not the policy of the Xxxxxx.

  2. The Xxxxxx correctly applied the Commissioned Corps policy in allowing Xxxxxxxx to append his written comments to Xxxxxxxx evaluation report.

  3. There was no documentation in the record to indicate that Xxxxxxxx took advantage of an opportunity to expand or enhance his evaluation of Xxxxxxxx performance simply because the Commissioned Corps policy allowed him the option of doing so.

  4. The Commissioned Corps policy was applied correctly in allowing Xxxxxxxx the opportunity to rebut the written comments appended to his COER evaluation report.

Therefore:

The members of the Board concluded that there was no basis upon which they could recommend that Xxxxxxxx comments be removed from Xxxxxxxx COER evaluation report.

RECOMMENDATION:

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