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Board for Correction Case No. 09288

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Board for Correction Case No. 092-88

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

Recommendation of the Board for Correction on xxxxxxxxxx, Case No.092-88

Xxxxxxxx filed an application with the Board for Correction dated Xxxxxxxxxxx 1988, in which he requested that the Board remove a COER Report, dated Xxxxxxxx 1985, from his Official Personnel File. The merits of Xxxxxxxx request were reviewed on the basis of the documentation submitted. The relevant facts in the Proceedings of the Board were included in Attachment 1 to this memorandum.

After consideration of all the information submitted, the recommendation of the members of the Board for Correction was that Xxxxxxxx request be upheld. Approval of this recommendation shall require DCP to remove from Xxxxxxxx Official Personnel File all copies of the COER Report, dated Xxxxxxxx 1985, and all supporting documentation, comments, and other materials related to that report. The Director, DCP, shall advise the Board when this recommendation has been implemented.

I certify that this recommendation reflects the action taken by the members of the Board for Correction, as contained in Attachment 1, and that they have been reviewed and concurred with by the Board members. Further, I certify that the documentation contained in Attachment 2 includes all information submitted to 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, I certify that a quorum of Board members was present on Xxxxxxxxx 1988, when Xxxxxxxx request was considered.

If you approve, please sign below.

Ellen Wormser

Attachments
(1) Board Proceedings
(2) Case File including all documentation submitted

Reviewed and Approved:

I hereby approve the recommendation of the members of the Board for Correction on the request of Xxxxxxxx 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 Operations and
Director, Office of Management

BOARD ACTION ON THE REOUEST OF: xxxxxxx x x

I. FINDINGS AND CONCLUSIONS:

The members of the Board found that:

  1. There was no definitive basis on which they could determine the validity or non-validity of the ratings given to Xxxxxxxx by Xxxxxxxx for the period questioned. However, they observed that Xxxxxxxx ratings were the opposite of those given by both his previous and subsequent supervisors.
  2. Xxxxxxxx relative ranking in the list of officers recommended for promotion could be influenced by the ratings given to him by Xxxxxxxx.
  3. Xxxxxxxx said: "...she was not aware of any conflict of personality between herself and Xxxxxxxx that could have affected his performance or her evaluation of him."
  4. Xxxxxxxx, who delivered reassignment orders to Xxxxxxxx, said he told Xxxxxxxx: "...Xxxxxxxx was capable of vindictive and vengeful actions and that Xxxxxxxx would evaluate him at the time of his annual COER." Xxxxxxxx also said: "...she [Xxxxxxxx] was incapable of giving a fair evaluation not only to Xxxxxxxx but also to several other members of her staff." "...He was personally aware of a personality conflict between Xxxxxxxx and Xxxxxxxx." "...would support a recommendation to remove the COER in question from Xxxxxxxxfile..."
  5. Xxxxxxxx, the reviewing official, expressed concern about Xxxxxxxx evaluation of Xxxxxxxx when he said: "I feel there was a strong personality dispute with the rating officer with at least half the fault being on the part of the rating officer. Therefore, I question some of the validity of this rating." Xxxxxxxx also said regarding Xxxxxxxx evaluation: "...If it is out of line with other COERS done previously and subsequently on Xxxxxxxx, it probably should be either removed or at least regarded in the above light." 
  6. Xxxxxxx, who xxxxxx the Division in which Xxxxxxxx worked and also xxxxxxxxx Xxxxxxxx said: "...I concur with Xxxxxxxx comments regarding the COER as completed by Xxxxxxxx. The Rating Officer was not able to be objective in reviewing Xxxxxxxx's performance." "...he believed Xxxxxxxx had first hand knowledge of xxxxxxx performance and of the personality conflict between them which could have affected his evaluation. He would support a recommendation to remove the COER in question from Xxxxxxxx file." "...the decision to remove Xxxxxxxx from Xxxxxxxx supervision was the result of his opinion concerning her objectivity in dealing with him."
  7. Xxxxxxxx, the xxxxxxxxxxxxxxxx, conducted a mid-year evaluation of Xxxxxxxx under the EPMS System and found his performance to be above average.

In Summary:

The Board members concluded that, except for the ratings given by Xxxxxxxx to Xxxxxxxx, he was otherwise thought, to be a competent and valued officer. Although they did not know whether or not the ratings he received were the direct result of his role in witnessing the delivery of her reassignment orders, they concluded that Xxxxxxxx objectivity and her poor relationship with Xxxxxxxx were factors affecting his evaluation. The views of program officials in the management chain who knew Xxxxxxxx personally, and who also were familiar with the circumstances under which Xxxxxxxx worked, influenced the recommendation of the members of the Board on the disposition of his request.

RECOMMENDATION:

After consideration of all the information submitted, ­the recommendation of the members of the Board for Correction was that Xxxxxxxx request be upheld.

Approval of this recommendation shall require DCP to remove from Xxxxxxxx Official Personnel File all copies of the COER Report, dated Xxxxxxxx 1985, and all supporting documentation, comments, and other materials related to that report. The Director, DCP, shall advise the Board when this recommendation has been implemented.


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.