124.00 Commissioned Officer Effectiveness Report (COER)-Includes Performance Evaluation - Remove negative comments from evaluation report
Recommendation of the Board for Correction on Request of: xxxxxx, Case No.103-89
Xxxxxx filed an application with the Board for Correction dated xxx 1989, in which he requested that the Board remove a Memorandum dated xxxx 1984, from his Official Personnel File (OPF).
The merits of Xxxxxx request have been reviewed on the basis of the documentation submitted. After consideration of all documentation, the Board concluded that Xxxxxx had suffered an injustice since not knowing about the memorandum he asked to have removed, prevented him from rebutting an adverse statement it contained about his continued appointment in the Commissioned Corps.
Accordingly, the Board recommends that Xxxxxx be granted the relief requested. Approval of this recommendation requires that the xxxxx 1984, memorandum be removed from Xxxxxx Official Personnel File. The Board also recommends that the Corps revise its COER policy to include a procedure for acknowledging and verifying in writing receipt by an officer of comments prepared by a reviewing official during completion of a COER. Attachment 1 includes the findings, conclusions and recommendation concerning his request.
We certify that this recommendation reflects the views and action taken by the Board on Xxxxxx request, as contained in Attachment 1, and that it has been concurred with by the Board members.
We certify, further, that the Case Record, shown as Attachment 2, contains all of the documentation received on Xxxxxx request and that, in addition to applicable statutes, regulations and policies, it has been considered by the Board in arriving at this recommendation.
Finally, we certify that a quorum of Board members was present on xxxx 1990, when his request was considered.
If you approve, please sign below.
Betty J. Cook
Office of Treatment Improvement, ADAMHA
(1) Board proceedings
(2) Case Record
Reviewed and Approved:
I hereby approve the recommendation of the Board for Correction on the request of Xxxxxx received and considered in accordance with the authority of Section 221a(a)(12) of the Public Health Service Act (P.L. 96-76, as amended) and 42 U.S.C. 213a(a) (12).
Wilford J. Forbush
Director, Office of Management
BOARD ACTION ON REQUEST OF: xxxxxxxxxxx
FINDINGS AND CONCLUSIONS:
- The record did not contain documentation to enable the Board to determine what Xxxxxx had known about the memo or its contents at the time of his evaluation. However, the record did indicate he had rebutted other COERS causing the Board to believe he would have rebutted the memo had he been given the opportunity to do so. Further, the Board held that the Corps, not Xxxxxx, had the responsibility to provide evidence on whether he knew of the existence of the memo or had been given a copy.
- The Board did not think the question of whether Xxxxxx could have added anything new to the record had he commented on the Xxxxxx xx memo to be as important as the question of whether he knew of its existence or had been given a copy by his supervisor or reviewing official during completion of his COER.
- The Board questioned the way in which the memo had been handled and the COER procedure on sharing comments with an officer before placing them in the Official Personnel File. (Circular No.311 required the reviewing official to give Xxxxxx a copy- CC25.1, INSTRUCTION 1 did not).
The Board concluded that Xxxxxx did not know about the memo and had not received a copy, absent evidence from the Corps to the contrary. Not knowing about the contents of the memo had denied him the opportunity to rebut Xxxxxx statement indicating he should be considered for separation from the Corps. (This statement had not been included in any of Xxxxxx prior COER Reports). This denial was the source of an injustice to Xxxxxx because it prevented him from rebutting an opinion not likely to have been viewed with favor by Promotion Boards.
The Board recommends that Xxxxxx be granted the relief requested. Approval of this recommendation requires that the Xxxxxx 1984, memo written by Xxxxxx be removed from Xxxxxx Official Personnel File.The Board also recommends that the Corps revise its COER policy to include a procedure for acknowledging and verifying in writing receipt by an officer of comments prepared by a reviewing official during completion of a COER.
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.