Whistleblower Returns to Duty, Examples,
Starting with DF 7 July 1981
Accepting MSPB's Ex Parte Arranged
Fabricated 18 June 198l Claims
7 July 1981
7 Jan 1991
31 Dec 1992
26 Aug 2004

DISPOSITION FORM


REFERENCE OR OFFICE SYMBOL| SUBJECT
                    |
                    |
    DRSTA-ALS       | Return to Duty
                    |
TO Dir of Pers, Tng & Force   FROM Leroy J. Pletten      7 July 1981
   Dev (AMSTA-A)                  (DRSTA-ALS)

1. Reference 18 Jun 8l Opinion and Order [6 MSPB 626, 7 MSPR 13] by the Merit Systems Protection Board. That Order indicates that the installation [TACOM] has done the following:

a. “conducting an air content study of appellant's immediate work area to determine toxic substances present”;

b. “prohibiting smoking in the entire Civilian Personnel Division”;

c. “relocating his office to improve air quality”;

d. “initiating an educational program to discourage smoking within the general workforce”;

e. •posting notices banning smoking in areas such as elevator, auditoriums, appellant's office and cafeterias”;

f. “conducting periodic air quality surveys of appellant's immediate work area to insure compliance with health standards; and”

g. “advising fellow workers and visitors not to smoke in appellant's presence.”

2. When these assertions are “treated most favorably” to resolution and installation good faith, I am delighted.

3. Accordingly, if the installation has accepted the [6 MSPB 626, 7 MSPR 13] Opinion and Order, I will return to duty within seven (7) days of your receipt of this notice.

/s/ Leroy J. Pletten
Leroy J. Pletten
Position Classification Specialist







DA FORM 2496

Ed. Note: The MSPB Opinion and Order (6 MSPB 626, 7 MSPR 13) by Ronald P. Wertheim and Ersa H. Poston was lying. No such actions had occurred. Much is what I had requested, but TACOM had refused. It is MSPB policy and practice to lie. TACOM had no intention of doing these things that MSPB had invented, fabricated, criminally falsified.
MSPB officials saw that TACOM had done nothing. It is MSPB policy and practice to act ex parte, outside the record and rule of law. What happened here, fabrication, was therefore not an aberration or error, something to be corrected as soon as called attention to! That did not happen!
Both MSPB and TACOM knew that the ex parte arranged MSPB claims were false (having arranged them ex parte), and hence did not even answer my above acceptance! Instead, it issued even harsher ouster documentation! MSPB officials knew they had lied pursuant to policy and practice, and themselves ignored my acceptance, and ignored when EEOC (in response to my appeal) called MSPB's lying to MSPB's attention!
The MSPB lying in published decisions of record is blatant, malicious, deliberate, done to intimidate all federal employees: to assure that federal employees realize that no rules, no laws (not even criminal laws against falsification and mail fraud), can protect them from reprisal. Reprisal is policy and practice, occurring at a high rate.
Instead of overturning misconduct, MSPB upholds it, and compliantly to agency ex parte requests, invents new lies in the process! The "natural and probable" consequence is what we see happen: employees terrified at NASA, CIA, FBI, etc., to do their job, thus paralysis of action even on vital-to-America life-and-death matters.

DISPOSITION FORM


REFERENCE OR OFFICE SYMBOL      | SUBJECT
                          |
Reference Solicitor       |
General's Brief, page 3,  |     Confirmation of Acceptance of Actions
Dec. 1990                 |
TO Carma J. Averhart, Supervisor   FROM Leroy J. Pletten     7 Jan 1991

1. This refers to the December 1990 Brief, page 3, by Hon. Kenneth W. Starr, Solicitor General, which inter alia says
“the Army had made all reasonable efforts to accommodate his disability. Pletten v. Department of the Army, 6 MSPB 626 (6/18/81), Clerk's Record (C.R.) 70, No. 84-75360 (E.D.Mich.); MSPB Record, Vol. 37 at 3152-3158.”

2. I accept.

3. This will reconfirm my acceptance of the said actions “that the Aray had made.”

4. I look forward to returning to duty and am eagerly awaiting hearing from you.

Thank you.

Sincerely yours,
/s/Leroy J. Pletten
Leroy J. Pletten



DA FORM 2496

Ed. Note: The Army was, in short, having its attorney lie to the U.S. Supreme Court!! Again, I accepted the actions MSPB had falsely lied and said had happened! and that now Kenneth W. Starr, Solicitor General, was vouching for, despite the said claims being brazenly false!

DISPOSITION FORM


REFERENCE OR OFFICE SYMBOL| SUBJECT
                    |
                    |
                    | Return to Duty
                    |
TO Civilian Personnel Officer   FROM Leroy J. Pletten      31 Dec 1992

1. This confirms my prior memos on returns to duty, and acceptance of the actions stated to have been taken. Same are not conditions precedent, as you know.

2. I remain ready, willing, able and eager to return to duty and to perform it in an exemplary manner as always.

/s/ Leroy J. Pletten
LEROY J. PLETTEN







DA FORM 2496

DISPOSITION FORM


REFERENCE OR OFFICE SYMBOL| SUBJECT
                    |
                    |
                    |Anniversary Return to Duty/Renewed Request to Reply
                    |
TO CG, Attn: Dir, Hum Res   FROM Leroy J. Pletten      26 August 2004
       (AMSTA-H)                 CPO (AMSTA-H)

1. I am an employee of TACOM. This is another return to duty. This date is significant, the thirty-fifth anniversary of my employment with TACOM.

2. I remain ready, willing, able, and eager to work, as always, and look forward to immediate RTD. This is also an effort to begin reply to the allegation that I am not an employee. As TACOM has not notified me of charges, specifics, "material relied on,"despite my efforts to obtain same, TACOM's refusal to provide same has obstructed the reply process.

3. This incorporates by reference my prior related correspondence, e.g., that of 7 July 1981. I repeat its acceptance of the ex parte arranged assertions of TACOM actions, alleged by the18 June 198l Opinion and Order 6 MSPB 626, 7 MSPR 13. 2. As before, when these ex parte arranged assertions, as repeated thereafter, are "treated most favorably" to resolution and installation good faith, I am delighted

4. This requests the same recognition and pattern of same as other employees have received, with respect to this thirty-fifth anniversary.

5. As per TACOM Regulation 600-5.14, this is self-certification notice.

6. I expect, as always, to RTD immediately, and continue performing duties at my usual exemplary level.

7. I look forward to returning to duty immediately, and to many continued years of duty. In view of the War on Terrorism, the country needs people knowledgeable (as I am), of crime prevention, and the underlying process in the drug abuse money trail long reported involved in financing terrorists.

/s/ Leroy J. Pletten
Leroy J. Pletten
TACOM Employee - CPO





DA FORM 2496