Performance Record

Job Performance Record

Here is a summary of Leroy J. Pletten's job performance as a federal employee (in the period starting 26 August 1969) pursuant to the federal "Ratings for performance" law 5 USC § 4304, and civil service performance rating rules.
This record shows Mr. Pletten's pattern of above average, exemplary performance, better than colleagues as managers repeatedly documented, including by promoting Pletten five grades, from GS-7 to GS-12, in under five years (26 August 1969 - 23 June 1974).
6/12/1967 Graduation from University of Minnesota With High Distinction (3.91 GPA, 180 quarter credits).
1967 - 1969, University of Wisconsin Graduate School (33 semester credits, A.B.D.). Changed priorities, to serve nation. Chose Department of Army, a large federal employer with a diverse, complex, multi-occupation workforce, with priorities and organizational structure subject to significant changes pursuant to national priorities and needs, and with policy of developing personnel managers with expertise in the full range of personnel management occupations. (Personnel management has since been renamed as "human resources"; for consistency with the record, the then term is used herein).
8/26/1969 Qualified and hired at the Army Tank-Automotive Command, with over 5,000 employees, as Personnel Management Specialist, GS-201-7, Job No. 13583. (Bachelor's degree required). Promptly began developing knowledge of personnel management laws, principles, policies, and procedures pursuant to the five-point knowledge development program (position classification, staffing, employee and labor relations, training development, and employee benefits). Developed superior skill in researching, evaluating, interpreting, and presenting personnel management regulations and policies, and applying interpersonal skills, to provide optimum recommended solutions, and to influence others to adhere to program and policy objectives. Pletten met, and continues to meet, all education (degree) and "Health Qualification Placement" requirements of record:
"use of fingers," "ability for rapid mental and muscular coordination simultaneously," "near vision," "far vision," "ability to distinguish basic colors," "hearing," "clear speech," and "mental & emotional stability" listed on the said job requirements form.

11/06/1969 Letter of Appreciation from a serviced organization supervisor, Edward Peszko, saying:
"During the recent Wage and Salary Survey . . . Leroy J. Pletten . . . contributed immensely in the proposed revisions of the job descriptions . . . assisted in resolving problem areas, readily and clearly answered questions, provided various suggestions and in many ways aided this Branch in meeting its target date.
"Such commendable dedication to duty and contribution to a very tedious and time consuming task is indeed worthy of special mention. Without such able assistance, there is no doubt in my mind, that a serious problem would have developed.
"The contribution made [was] of such professional nature that [it] cast an excellent reflection on the entire Personnel Office. Please accept my personal and sincere 'thanks' for a job well done."

11/06/1969 Personnel Director LTC Edward F. Washington immediately forwarded this praise, and said
"It is a pleasure to note and pass on the attached letter . . . Please extend . . . my appreciation for . . . fine efforts which reflected favorably on our Directorate."

11/26/1969 Personnel Officer Fred R. Goss in turn forwarded that praise, saying:
"To Colonel Washington's comments, I add my sincere thanks and appreciation for the services you provided Mr. Edward Peszko. Although Mr. Peszko is only one employee of the Command who took the time to write the letter, I am sure he expressed the unwritten feelings of many of our employees."

9/06/1970 Promotion to Personnel Management Specialist, GS-201-9, Job # 13584, based on Pletten's qualifications (Master's degree or equivalent-in-education/experience required). Continued developing and fine-tuning the full range of personnel skills.
9/19/1971 Promotion to Employee Relations Specialist, GS-230-11, Job No. DA-913-1, based on same (Ph.D. or equivalent-in-education/experience required). Was assigned organizations totaling approximately 1000 people, to service, evaluate, and develop any needed program improvements.
Late 1971 TACOM began the employee Recognition Plan for employees with low use of sick leave. (This was done in conjunction with Comptroller staff.) Analyses by Pletten and others had shown a need to reduce workforce apparent excess use of sick leave.
11/1971 Well-liked and respected by his fellow workers, Pletten was elected by them to the Civilian Welfare Fund Council (CWFC). The fellow CWFC members then elected Pletten its Chairman. CWFC functions included developing and/or financially supporting recreational, social, compassionate, and morale-related activities for the civilian work force. This included sponsorship of sports such as softball and basketball with both intramural and outside leagues for both men and women; Christmas activities; picnics or dances; flowers for deceased employees; employee emergency loans; and the biggest expense, the base newspaper. Pletten found that predecessors had left the CWFC near destitute by their failure to consult the pertinent regulation on alternate funding source for the latter. Under Pletten's leadership, the Commanding General, Joseph E. Pieklik, was approached; he reacted promptly, arranged the appropriate alternate funding. Pletten thus came to feel that when others have failed over a period of time, seek alternative persons in authority for sound resolution to come about promptly.
1/1972 Detailed to Technical Services Branch based upon Pletten's widely recognized ability to comprehend previously unfamiliar matters, master them overwhelmingly, then suggest and make improvements. Assignment was to analyze TACOM's then manual (non-computerized) personnel information system (record-keeping), and (in conjunction with computer programmers) invent computerized records, for example, to make usable retention registers, produce simultaneous thousands of DA Form 2515's for pay raises, assure timely employee career appraisal notices by devising a computerized notification system, and other innovations.
3/3/72 Letter of Appreciation on sick leave, as the recognition program began, from Personnel Director Col. Benjamin Safar as I
"used no sick leave . . . This is a commendable record and one of which you can be proud. Although the Employee Recognition Plan was initiated in 1971, I am aware that since your appointment to this Command, 26 August 1969, you have used no sick leave. You are further commended for your perseverance to attain this flawless record.
"Congratulations on your excellent sick leave record. I am proud to have you as a member of the Personnel Team."
[Ed. Note: This was the first
of many such annual letters
on through March 1980.]

9/21/1972 Employee Career Appraisal, DD Form 1559, from supervisor Helen F. Cochran, Chief, Management-Employee Relations Branch rating Pletten's
"technical competence - above average. Recommendations are often accepted. Questions facts & info which seems controversial and/or unclear. . . . Is a quick learner & has a remarkable retaining capacity."
"cooperation - outstanding. Always willing to work with others and to offer assistance."
"Mr. Pletten is very cooperative and very aggressive. His eagerness to learn and 'to do' is stimulating." [Ed. Note: allusion to contrast with colleagues].

9/22/1972 Civilian Personnel Officer, George A. Blakeslee, noting Pletten's long term detail assignment to the Technical Services Branch, as distinct from official of-record assignment in Management-Employee Relations Branch, said
"assignment must be regularized. I also believe Mr. Pletten would benefit from full time position in TSO branch."

11/10/1972 Letter of Appreciation from a serviced organization Director, John H. Cyrus, of Management Information Systems, saying
"Mr. Leroy Pletten has serviced this organization in personnel matters . . . He is very prompt in complying with all requests for assistance and appears to have a very good knowledge of personnel regulations.
"Mr. Leroy Pletten is especially commended for his recent work in the areas of Disability Requests, Debt Complaints and Leave of Absence Requests. All requests have been handled in an aggressive and efficient manner."

12/15/1972 Letter of Appreciation from Chief of Staff Col. Kay L. Wieland to Pletten and his
"canvassers for the outstanding performance in connection with the 1972 USATACOM Combined Federal Campaign. The dedication, time and effort you provided made it possible . . . to exceed [our] goal . . . by over $6,000. A job well done is always a source of individual satisfaction; please accept my thanks."

3/5/73 Letter of Appreciation from Personnel Director Col. Donald E. Atkinson for Pletten's again having
"used no sick leave . . . This is a commendable record . . . which very few attain . . . since your appointment to this Command, 26 August 1969, you have used no sick leave. This flawless record is one of which you can be proud and can only be credited to your perseverance.
"Congratulations on your excellent sick leave record. I am proud to have you as a member of the Personnel Team."

6/29/1973 Supervisor Verna L. Atkinson, Chief, Technical Services Branch (where Pletten had been detailed since January 1972) appointed him acting supervisor of the branch concurrent with Pletten's forthcoming official assignment there.
6/30/1973 Reassignment-RIF as Personnel Management Specialist, GS-201-11, Job No. 13359.
7/20/1973 Pletten submitted DA Form 1045, Suggestion 74-68, based on analysis of protracted delays in filling vacancies: for expediting decisions up the chain to higher levels.
9/5/1973 On a Department of Defense Employment Inquiry Form, DD 556, Helen F. Cochran, Chief, Management-Employee Relations Branch, rated Pletten as
"outstanding" in the areas of "dependability," "cooperation," "initiative and creativeness," and "adjustability," and "above average" in "emotional stability," "consideration for others," and "job knowledge." "Has demonstrated outstanding performance in the areas of discipline and grievances and appeals . . . ."
Ed. Note: As a result of these type favorable references, Pletten was considered by the Army for becoming an official Army investigator at USACARA (now called "Office of Complaint Investigations"), to investigate employee grievances, complaints, and appeals. However, Pletten wanted a job requiring less multi-state travel, so declined.)

9/06/1973 Employee Career Appraisal, DD Form 1559, from supervisor Verna L. Atkinson, Chief, Technical Services Branch, rated Pletten's
"technical competence - outstanding. Recommendations are normally accepted. Questions information which seems controversial and/or unclear. Provides excellent and dynamic staff assistance in all areas of responsibility."
"cooperation - outstanding. Always willing to work with others and to offer assistance."
"Stability - Despite intense pressure of controversial and complex cases, remained admirably composed."
"Mr. Pletten is a very dynamic and cooperative employee. His eagerness for accomplishment is stimulating. He has expressed the desire to be promoted . . .
"I am pleased to be able to endorse these goals of this valued employee, and I hope that he will advance substantially in Federal personnel management."

11/12/1973 Employee Career Evaluation stated:
". . . his dynamic and refreshing enthusiasm and his relentless pursuit of assigned projects, and his initiating projects on his own initiative are the characteristics most noteworthy. . . . Meticulous care and sound judgment in every disciplinary case he has had since May 1971 when he was permanently assigned to the MER function upon graduation from the intern program is evidenced by the fact that no case he has had, has been reversed either procedurally or on the merits.
"Has enthusiastically assisted management in developing or ascertaining facts/circumstances rather than relying upon their efforts exclusively.
"He has energetically made improvements in the TACOM personnel information system while detailed to the Personnel Management Specialist position, to which he is now officially assigned (since January 1972). His efforts resulted in
computerized retention registers usable for the first time,
to computer produced DA Form 2515's for pay raises,
to a career appraisal suspense list,
and other work-saving innovations."

12/14/1973 Pletten submitted DA Form 1045, Suggestion 74-685, based on analysis of employee reports with respect to ventilation: for installation of a humidification system.
1/11/1974 Pletten submitted DA Form 1045, Suggestion 739-74, for check-mailing, based on analysis of employee absenteeism rates after the morning pay check delivery: for late afternoon delivery.
1/28/1974 Suggestion 73-870 Award ($185) from Civilian Personnel Director W. S. Moyers for recommending
"computerizing the preparation of Pay Raise notices to Class Act employees"

2/20/1974 Pletten submitted DA Form 1045, Suggestion 74-932, based on analysis of TACOM's high sick leave rate above the DA goal of NTE 61.9 hours: for additional recognition of non-users of sick leave (those using $250+ less sick leave than the DA goal) for consistency with other awards involving savings of $250 or more.
2/25/1974 Pletten submitted DA Form 1045, Suggestion 74-959, based on analysis of anticpated employee reduction-in-force planned to occur in June: for postponing the new telephone directory from March to thereafter.
2/27/74 Letter of Appreciation from Civilian Personnel Director William S. Moyers for Pletten's again having
"used no sick leave . . . This is a commendable record which very few employees attain . . . since your appointment to this Command, 26 August 1969, you have used no sick leave.
"This flawless record is one of which you can be proud and can only be credited to your perseverance.
"Congratulations on your excellent sick leave record. I am proud to have you as a member of our Personnel Team."

2/1974 On a Department of Defense Employment Inquiry Form, DD 556, Helen F. Cochran, Labor Management Relations Specialist (Chief, Management-Employee Relations Branch, rated Pletten as
"outstanding" in the areas of "dependability," "cooperation," "initiative and creativeness," and "adjustability," and "above average" in "emotional stability," "consideration for others," and "job knowledge."
"As a dynamic and cooperative employee, Mr. Pletten demonstrated outstanding performance in the areas of discipline & grievances & appeals.
"His meticulous care and sound judgment in every disciplinary case he has had since May 1971 when he was assigned to the management-employee relations function through June 1973, is evidenced by the fact that none has been reversed [Ed. Note: unlike peers' reversals] either on the procedures or on the merits.
"He has enthusiastically assisted management in developing or ascertaining facts and circumstances rather than leaving management to its own devices, and compliments he has received from managers reflect their appreciation.
"He has been & is sought out by employees for advice or counseling on personnel matters, & he has been elected both a member and Chairman of the TACOM Civilian Welfare Fund Council since November 1971, reflecting employee trust & confidence in him & his honest and open approach.
"As the supervisor of the Management-Employee Relations Branch, I regretted losing Mr. Pletten [in the 6/30/73 RIF]."

3/1974 Pletten conducted a poll of the workforce with respect to CWFC functions (its financial support of recreational, social, compassionate, and morale-related activities including sponsorship of sports such as softball and basketball with both intramural and outside leagues for both men and women; Christmas activities; picnics or dances; flowers for deceased employees; employee emergency loans). The poll included the possible establishment of a day care center for mothers working at TACOM, with results showing need in the area.
3/4/1974 Marie W. Milmine, Administrative Officer, issued a memorandum on the delegation to Pletten of authority to sign workers' time and job cards.
3/25/1974 Pletten submitted DA Form 1045, Suggestion 74-1069, based on analysis of bi-weekly duplicative employee leave records: for reduction or abolition of duplicative data notices pursuant to the higher authority directive of 40% paper output reduction.
5/09/1974 Memorandum saying
"My CWFC involvement has refined and enhanced my ability to work and deal with persons from many walks of life up to and including our Commanding General; and this has involved many situations from employees seeking my support for ideas to my selecting a Custodian for the CWFC to responding sympathetically to employees seeking emergency financial aid."

6/23/1974 Promotion to Labor Management Relations Specialist, GS-230-12, Job No. DA-907, above Ph.D. level, giving
"positive advisory service to managers and supervisors on their basic responsibilities for personnel administration, identifying areas of possible supervisor weakness or other supervisor-employee relationships that tend to cause dissatisfaction"
and to deal with
"Personnel adverse actions [discipline], grievances and appeals, communications and employee counseling."
Starting in 1969 at GS-7 rank, then to GS-9 in 1970, and to GS-11 in 1971, this is Pletten's third promotion.
Coworkers included Evelyn Bertram and George Rodriguez.

8/21/1974 Assigned "to serve on the TACOM Survival Measures (Civil Defense) Teams"
8/1974 Letter of Appreciation from Andrew Cook of a serviced organization, telling Civilian Personnel Director William S. Moyers about Pletten's work:
"For all you've done and all it meant to us, we thank you. This acknowledgment of appreciation, for the courtesy and efficient help by Mr. Leroy Pletten in answering all questions to our problem and bringing it to a pleasant and complete solution."

9/1/1974 Civilian Personnel Director William S. Moyers forwarded the 8/74 praise and added:
"I am extremely pleased to forward to you the appreciative remarks of Mr. and Mrs. Andrew Cook and to add my personal thanks for your outstanding support in solving their problems. Your personal efforts in this endeavor reflect great credit on this Command, the Office of the Civilian Personnel Director, and most especially on yourself."

9/17/1974 Civilian Personnel Director William S. Moyers appointed Pletten the "Area Fire Monitor"
11/1/1974 Employee Career Appraisal, DD Form 1559, from Deputy Civilian Personnel Director John C. Simon, rating Pletten's
"technical competence" "above average"; "quantity and timeliness" "outstanding" ("Has a very high capacity for work"); "written communication" "outstanding" ("Written material is prepared in a thorough manner"); "oral communication" "above average"; "cooperation" "outstanding" ("Has established excellent rapport with operating officials"); "stability" "outstanding" ("Keeps composed in pressure situation"); "future job assignments" "GS-13."

11/24/1974 Reassignment to Employee Relations Specialist, GS-230-12, Job No. DA-913c
12/3/1974 Notice of Satisfactory Completion of TACOM's "Medical Self-Help Training" on "Radioactive fallout care and protection," "Transportation of wounded," "Disease containment," "Nursing principles," and "General first aid techniques"
12/06/1974 Chief of Staff Col. John C. Geer issued Special Order No. 194 on Pletten's appointment to the Central Accounting Office Council, as a Member and Recorder.
4/24/1975 Notice of Satisfactory Completion of TACOM's "Alcohol, Drug Abuse and Troubled Employee Course"
5/02/1975 Letter of Appreciation for Pletten, addressed to Civilian Personnel Director William S. Moyers, from a serviced organization supervisor, Edward J. Leavy, for Pletten's work quality:
"As a supervisor in the Materiel Management Directorate, I would like to send my official thanks to Mr. Leroy Pletten for assistance he provided. Mr. Pletten provided valuable guidance . . . in selecting an employee to fill a . . . supervisory vacancy. . . . The method used to document the various selection criteria [assessing qualifications] may be adopted by this directorate as a standard operating procedure."
"We have all, verbally and in writing, complained about the service provided by your directorate; now, here is an action of which you can be proud."
[Ed. Note: Co-workers were complained about. Pletten, in contrast,
was being praised. Naturally, the Personnel Director was pleased!]

5/06/1975 Director Moyers forwarded to Pletten's supervisor, Gordon Hagin, the 5/2/75 praise:
"Please convey my appreciation to Leroy for his assistance to Mr. Leavy. It's a pleasure to see that once in a while some kudos are received in a very difficult functional area."
[Ed. Note: Pletten worked in the complaints and
discipline function, a notorious problem office].

6/3/75 Certificate of Achievement from Civilian Personnel Director William S. Moyers for again Pletten
"not having used any amount of sick leave . . . you are hereby commended not only for the general state of health which has made this record possible, but also for your cooperative, diligent and faithful attendance in the performance of your duties."

6/03/1975 Letter of Appreciation from Civilian Personnel Director William S. Moyers on sick leave, saying
"You have achieved a commendable record in the accumulation of over 500 hours sick leave. Your good health [is] responsible for this fine attainment.
"It is a pleasure to commend you for this accomplishment. Your record in this area is indicative of diligent and faithful attention to duty . . . .
"I wish you continued good health and trust you will have the opportunity to continue this fine attendance record."
[Ed. Note: Civil service workers earn four hours sick leave each
bi-weekly pay period (26 X 4 = 104 hours per year). Pletten never
used any, so achieved the 500 hours in the fastest possible time.]

In 1975, a major disciplinary case assigned Pletten, which was appealed by the employee (GS-13 mechanical engineer being removed for inefficiency) all the way to the U.S. Supreme Court, was being upheld at all levels, Mandel v Army, 509 F2d 1031 (CA 6) cert den 422 US 1008 (1975).

7/21/1975 Suggestion 74-1144 Award ($50) from Civilian Personnel Director William S. Moyers for
"the granting of annual leave at the beginning of the leave year. New employees will benefit greatly by the change in policy."
[Ed. Note: Jealous co-workers would refuse Pletten this in 1981.]

4/9/76 Letter of Appreciation from Director Moyers for Pletten's again having
"used no sick leave . . . It is a pleasure to commend you for this record and for your contribution in helping the Directorate strive to remain within the norm [Ed. Note: 61.9 hours per employee per year] established by the Department of the Army.
"I have been informed that since your appointment to this Command, 26 August 1969, you have used no sick leave. This flawless record is one of which you can be proud and can only be credited to your perseverance.
"Congratulations on your excellent sick leave record. I am proud to have you as a member of our team."

8/12/1976 Assignment to explain the new sick leave analysis system to "All Directors/Project Managers/Office Chiefs."
9/08/1976 Assignment to advise managers on
"[their] several responsibilities in leave administration [including] planning workload accomplishment, scheduling and controlling employee absences . . . compensatory time, advance sick and annual leave, determine patterns . . . recognize deserving employees with high sick leave balances and low usage rates."

11/10/76 Appointed as a Crime Prevention Officer, in addition to regular duties. (Promptly analyzed perimeter security, noted deficiency, recommended correction, implemented after disregarded a couple decades.) (Crime prevention is especially difficult when there is a record of higher authority (Pentagon) complicity, e.g., with drug smuggling.)
4/5/1977 Official Commendation from acting Civilian Personnel Director Arthur C. Strong for
"superior performance . . . Mr. Pletten has performed all of his duties in an outstanding manner. He has unhesitatingly accomplished a great number and variety of special assignments as well as those inherent in his position. The results of his efforts have been immeasurable value and have brought added prestige to himself, this Directorate, and he is most deserving of this quality step increase award" ($681).

4/19/77 Letter of appreciation from Civilian Personnel Director Archie D. Grimmett for Pletten's again having
"used no sick leave . . . It is my pleasure to commend you for this record and for your contribution in helping the Directorate strive to remain within the norm [Ed. Note: 61.9 hours average use per employee] established by the Department of the Army. Through your dedicated efforts, you have contributed greatly to the overall accomplishment of the Directorate mission. Congratulations on your excellent sick leave record. I am proud to have you as a member of our team."

6/3/1977 Letter of Appreciation from Incentive Awards Director Marie W. Milmine for Pletten's suggestion (No. 77-486) on altering processing of "Fitness for Duty Examinations." She said:
"It is realized that employees who are interested in their jobs are always on the alert to conceive better ways of doing things. You are a fine example of this type of employee and set a pattern for other employees to follow. I extend to you my congratulations for this fine performance and feel confident that you will be on the lookout for new ideas in the future. A copy of this letter will be placed in your Official Personnel Folder . . . in recognition of your efforts and initiative."

8/1977 Department of Defense Regulation 32 CFR § 203 was issued, to control smoking conduct. 32 CFR § 203 incorporated and enforced the right to pure air, pursuant to legal concepts and rights which have existed since at least the time of Hammurabi. 32 CFR § 203 ordered each subordinate agency (Navy, Marines, Air Force, Army, etc.) in DOD to implement it.
9/18/1977 Reassignment to enhance promotional opportunities, to Position Classification Specialist, GS-221-12, Job No DA-905c, "Qualification requirements waived," with duties to help our percentage share of serviced organizations on
"civilian positions assuring accuracy and consistency with established position and pay management regulations."
Co-workers included Thomas Alef, Carma Averhart, Gertrude Bach, Janet Chamberlain, Lawrence Delargy, and Patricia Rager.

11/1977 As directed by DOD's 32 CFR § 203, Army Regulation 1-8 was issued, to control smoking conduct. AR 1-8 incorporated and enforced the already existing right to pure air, pursuant to legal concepts and rights which have existed since at least the time of Hammurabi.
12/19/1977 Letter of Appreciation rapidly followed, in this newly assigned (9/18/1977) job, from Housing Management Director James Thompson, saying:
"Please permit me to take this opportunity to express my appreciation to you for the outstanding job performed by you. . . . Your understanding of the problems confronting the Division and your follow-up to resolve each problem is noteworthy. Such performance has won the respect of those whom you served (supervisors and personnel alike). . . . May you have much success . . . . Thanks for your help."

12/23/1977 Civilian Personnel Director Grimmett forwarded the 12/19/77 praise, adding
"I wish to add my congratulations for your excellent service to the Housing Management Division. This kind of performance not only enhances your professionalism, but significantly adds to the prestige of our office."

12/29/1977 Provided evidence for Personnel Office co-worker, GS-12, Evelyn Bertram, with respect to building ventilation impact. Her case was thereupon approved.
In a widely circulated government document December 1977, the Surgeon General's colleagues said that
smoking is so dangerous as to be killing over 37 million Americans;
forthcoming medical references would add smoking as a mental disorder;
identifying smoking as a mental disorder, not a habit, would foreseeably have "a profound effect upon the reputation of this behavior"!
The meaning in professional personnel terms is that such individuals are not to be hired, as per the federal government hiring form Standard Form 78, 'Certificate of Medical Examination,' issued under FPM 339. Reference Frederick N. Dyer, Ph.D., Smoking and Soldier Performance, USAARL Report No. 86-13, U.S. Army Aeromedical Research Laboratory (Fort Rucker, AL) (June 1986), and especially this conclusion: "Undoubtedly, if the military [would obey hiring rules that] restrict enlistments to nonsmokers, there would be far fewer discipline, alcoholism, and drug-abuse problems in the Army."
Professionalism in the personnel occupation includes awareness that due to the already known medical data on smoking, impaired readiness, and misconduct, the Army used to not enlist smokers. Judicial notice was taken of that fact in 1898! Austin v State, 101 Tenn 563, 566-567; 48 SW 305, 306, aff'd 179 US 343; 21 S Ct 132; 45 L Ed 224 (1900). See also reports by analysts on the impact of tobacco on military, by, e.g., Dr. G. F. Witter (1881), Dr. Wales (1881), Dr. M. Hammond (1882), Dr. Magruder (1882), Dr. Larned (1896), Dr. Tidswell (1912), Lucius Cooper (1924), the evidence leading to AR 1-8 (Nov 1977); Army Proclamation (17 April 1986); and Army Pamphlet 600-63-7, "Fit to Win, ANTITOBACCO USE" (1987), etc.]

2/06/1978 Letter of Appreciation from Robert Greven, Chairman, Local Wage Survey Committee, saying:
"The success of DOD wage surveys depends in large measure upon the efforts of individual data collectors. They are responsible for collecting the wage change data from private companies in the area. This data is used as the basis for Government wage schedules and thus insures comparability with private industry. The 1978 Wage Change Survey was accomplished ahead of schedule and in a professional manner because of your efforts as a data collector. Your promptness and attention to detail are sincerely appreciated. Thanks again for a job well done."

February 1978, Arrival of new supervisor, Jeremiah Kator
5/3/78 Letter of appreciation from Col. G. R. Dawson, Director for Personnel, Training and Force Development, for Pletten's again having
"used no sick leave . . . It is a pleasure to commend you for this record and for your contribution in helping the Directorate strive to remain within the norm [Ed. Note: 61.9 hours average use per employee] established by the Department of the Army. Through your dedicated efforts, you have contributed greatly to the overall accomplishment of the Directorate mission. Congratulations on your excellent sick leave record. I am proud to have you as a member of our team."

11/20/1978 Letter of Appreciation from Selfridge Air National Guard Base Commander Col. Irving Monclova (who provided Pletten a key to the entry gate):
"I greatly appreciate the assistance and cooperation provided by you . . . Your professionalism, dedication and positive attitude have been a major contributing factor in assisting this command in . . . essential mission accomplishment.
"[This Selfridge air command] has one of the most vital roles within the US Army TARCOM and is constantly striving to obtain optimum efficiency of personnel utilization within austere authorizations. Only with the prompt, responsive, and understanding actions of individuals like yourself can we attain and maintain the high standards we seek.
"Your performance on behalf of this command is commendable and is a credit to you personally as a professional, and to the Civilian Personnel Office . . . . My thanks to you . . . and I look forward to your continued outstanding support."

January 1979, assigned by Supervisor Kator to manage the Detroit Full Scale Wage Survey, one of the largest national surveys (covering the Eastern Michigan and Northern Ohio DFSWS district). Kator's plan was for Pletten (based on his already demonstrated superior competence) to replace the prior higher-ranked (GS-13) Chairman. That person's management of the DFSW Survey had been less than efficient, indeed, so bad and delay-ridden that the Department of Defense sent a full-time monitor due to
(a) the ongoing protracted inefficiency problem, and from DOD viewpoint,
(b) the apparent bad TACOM decision to worsen matters, by now putting an inexperienced-in-DFSW-survey-management, lower-ranked person (Pletten) in charge!

1/11/1979 Director Grimmett forwarded Col. Monclova's 11/20/78 praise and added:
"I would like to pass on to you the attached letter of Appreciation. This letter from Col Monclova does much to enhance the creditability and demonstrated dedication of this office. I certainly appreciate your efforts and ask you to continue such high achievement level as I know you will."

2/20/1979 Letter of appreciation from Pletten's supervisor Jeremiah H. Kator saying Pletten
"You have achieved a commendable record in the [Ed. Notes: foreseen] accumulation of [another] 500 hours sick leave. Your good health and judicious use [none] of sick leave are responsible for this fine attainment.
"Your record in this area is indicative of diligent and faithful attention to duty . . . . I wish you continued good health and trust that you will have the opportunity to continue this fine attendance record."

2/20/1979 Letter of appreciation from Personnel Director Col. Charles D. Phillips for Pletten's again having
"used no sick leave . . . It is a pleasure to commend you for this record and for your contribution in helping the Directorate strive to remain within the norm [Ed. Note: 61.9 hours use average per employee] established by the Department of the Army.
"Through your dedicated efforts, you have contributed greatly to the overall accomplishment of the Directorate mission. Congratulations on your excellent sick leave record. I am proud to have you as a member of our team."

3/16/1979 Letter of Appreciation addressed to Personnel Director Archie D. Grimmett, from Jon Symon, Regional Representative, Department of Defense Wage Fixing Authority (based on the glowing report from the aforesaid Department of Defense monitor) based on Pletten's far-superior management of the DFSW Survey:
"The Detroit Full Scale Survey conducted by your office during January is very near completion. This survey and its preliminary work proceeded more efficiently than previous surveys conducted in the Detroit area in the past several years [Ed. Note: under Pletten's higher-grade, experienced predecessor].
"This was due largely to the efforts of Mr. Leroy Pletten, the local chairman, a member of your staff.
"A survey the size of Detroit is very demanding, and although this was Mr. Pletten's first year as the chairman, his aggressiveness and cooperative attitude made a difficult task much easier."

3/1979 Director Grimmett, concerning the 3/16/79 DOD praise, wrote and said:
"It is a pleasure to add my congratulations . . . Your personal efforts in this endeavor reflect great credit on this Command, our Directorate, and most especially on yourself."

6/1979 Pletten submitted DA Form 1045, Suggestion 79-852, based on analysis of data on smoking as the No. 1 cause of disease, and in view of TACOM's record of concern about its employees regularly using more sick leave than the Department's goal (61.9 hours per year). Pletten suggested the doing of a "Study of Sick Leave Usage Due To Smoking"
6/1979 Pletten's more persistent whistleblowing on TACOM violations of OSHA, Army Reg. 1-8, etc. [Edwin Braun, Industrial Hygienist, would (years later), on-the-record verify Pletten's action; see Braun's deposition.]
6/1979 Instead of complying with the AR 1-8 criteria, TACOM moved Pletten to a different location. [See Braun's Deposition, p 7.]
9/17/1979 Letter of Appreciation to Pletten from Selfridge Air National Guard Base Financial Adviser Joseph J. Shumate:
"Yesterday, I received excellent service . . . and I would like to express my appreciation . . . interrupted [his] lunch break to complete [his] part in the processing."

9/1979 Denunciation of Pletten in TACOM newspaper, in reprisal against his whistle-blowing
10/17/1979 Civilian Personnel Officer Archie D. Grimmett forwarded the 9/17/79 praise and added:
"It is indeed my pleasure to indorse the attached letter of appreciation from Mr. Shumate for the excellent service you accorded him on 16 September 1979.
"His expression of thanks to you only mirrors what I personally feel. This is the kind of service I have been asking for since becoming Civilian Personnel Officer here . . . Keep up the good work and may we receive many more appreciations like this."

11/13/1979 Employee Performance Rating ("Satisfactory") issued by supervisor Jeremiah H. Kator
11/14/1979 Employee Performance Rating ("Satisfactory") approved by Deputy CPO Edward E. Hoover
11/16/1979 Whistleblowing via Inspector General Action Request (IGAR) forms to Dept of Army Inspector General (10 aspects).
11/19/1979 DAIG Acknowledgment Letter by Col. John R. Jeter, Team Chief. All ten IGARs were then forwarded down to TACOM for it to investigate itself! Naturally, all were dismissed as without merit, leaving the matter once again solely up to USACARA (whose Report was still pending) to try to impose at least some compliance on TACOM. Two more months go by. TACOM continues doing nothing to begin the compliance process. [Click on letter to enlarge it.]

11/12/1979 Pletten's efforts to contact the Commanding General, pursuant to his "Open Door" policy, to obtain compliance (pursuant to Pletten's favorable experience with so doing on the CWF, supra. Management, e.g., Personnel Officer Archie Grimmitt, obstructed, prevented such meeting.
Ed. Note: Such obstruction is itself discriminatory, says EEOC. See EEOC v Board, 957 F2d 424; 58 Fair Empl.Prac.Cas. (BNA) 292; 58 Empl. Prac. Dec. P 41,326; 60 USLW 2566; 73 Ed. Law Rep. 360 (CA 7, 1992) and EEOC v General Motors Corp, 826 F Supp 1122 (D ND Ill, 1993).

1/25/1980 USACARA Report in Pletten's favor, affirming his reporting TACOM violations of Army Reg. 1-8. Whistleblowing no longer low-key!! (Pursuant to Army Reg. CPR 700.771, implementation of the USACARA Report is mandatory, Spann v General McKenna & Dept of Army, 615 F2d 137 [CA 3, 1980]).
2/1980 TACOM ex parte with MSPB, as per its anti-whistleblower policy and practice, to terminate Pletten in retaliation for his USACARA win, seeking implementation, and notifying TACOM of intent to use the USACARA win as evidence in his class action activity on behalf of others. This entailed advisory of demanding Pletten go away because of the non-complying working conditions; pursuant thereto, C. Averhart made such "go away" requests of Pletten; he refused.
2/1980 Decision process on ousting Pletten due to the hazard, while denying the hazard, a contradiction MSPB would uphold. To ensure that Pletten not be allowed to appeal elsewhere than to MSPB, access to EEOC review process was cut off.
2/1980 TACOM thereupon cancelled Pletten's access to the EEO review forum (29 CFR 1613). TACOM was especially anti-EEO review, as the EEO investigator would be from USACARA!! meaning, from the same USACARA that had just ruled in January 1980 for Pletten. [EEOC verified the Feb 80 cut-off of access to EEO review in its 23 Feb 1982 decision, Dockets 01.80.0273, et al.]
3/20/1980 Letter of appreciation from Pletten's supervisor Jeremiah H. Kator saying
"You have achieved a commendable record in the accumulation of 500 hours sick leave. Your good health and judicious use [none] of sick leave are responsible for this fine attainment.
"Your record in this area is indicative of diligent and faithful attention to duty . . . . I wish you continued good health and trust that you will have the opportunity to continue this fine attendance record."

3/28/1980 ouster notice from Edward Hoover/Col. John Benacqista retroactive to 17 March 1980.
The after-the-fact 28 March 1980 notice was made retroactive to 17 March. The law requires 30 days advance notice. Missing by one day, and worse, retroactive notice, is unlawful pursuant to 5 U.S.C. 7513(b). Note also 5 U.S.C. 8345(b)(2)(B). Note also 5 U.S.C. 552 (failure to follow rules is "jurisdictional," meaning ultra vires, outside agency authority).
The case of Woodall v. F.E.R.C., 28 M.S.P.R. 192 (1985) rejected even one day advance notice! The law requires thirty (30) days advance notice, even for mere "enforced leave status" without "statutory notice of or opportunity to respond to its decision to place appellant in enforced leave status," 28 M.S.P.R. at 196.
There, as "the agency did not afford appellant the procedural [constitutional] protections of 5 U.S.C. 7513(b), the action cannot be sustained," 28 M.S.P.R. at 196.
The bottom line is that when there is no "statutory notice of or opportunity to respond . . . the action cannot be sustained." 28 M.S.P.R. at 197 goes on to cite corrective actions—action "to cancel the enforced leave," restore "active duty status," "award back pay and benefits," etc.
A line of case law corroborates:
Deak v Pace, 88 US App DC 50, 52; 185 F2d 997, 999 (1950)
Money v Anderson, 93 US App DC 130, 134; 208 F2d 34, 38 (1953)
Mulligan v Andrews, 93 US App DC 375, 377; 211 F2d 28, 30 (1954)
Hotch v U.S., 212 F2d 280 (1954)
Knotts v U.S., 128 Ct Cl 489; 121 F Supp 630 (1954)
Baughman v Green, 97 US App DC 150; 229 F2d 331 (1956)
37 Comp Gen 160 (1957)
38 Comp Gen 203 (1958)
39 Comp Gen 154
Hart v U.S., 148 Ct Cl 10, 16-17; 284 F2d 682, 686-687 (1960);
Kleinfelter v U.S., 162 Ct Cl 88; 318 F2d 929 (1963)
U.S. v Abbett, 381 F2d 609 (1967)
Seebach v U.S., 182 Ct Cl 353 (1968)
U.S. v Chicago, 549 F2d 415, 431 (CA 7, 1970)
Diaz v Pan Am Airways, Inc., 442 F2d 385 (CA 5, 1971)
Cosby T & S Corp v Dept of Army, 480 F2d 498, 503 (CA 4, 1973)
Albemarle Paper Co v Moody, 422 US 405, 432 n 30 (1975)
Mandel v Nouse & TACOM, 509 F2d 1031, 1032 (CA 6, 1975)
Onweiler v U.S., 432 F Supp 1226, 1229 (D Idaho, 1977)
Smith v Dept of Interior, 9 MSPR 342 (1981)
Long v Air Force, 683 F2d 301 (CA 9, 1982)
Heikken v D.O.T., 18 MSPR 439 (13 Dec 1983)
Sullivan v Navy, 720 F2d 1266, 1273-4 (CA Fed, 1983)
Van Skiver v Postal Service, 25 MSPR 66 (8 Nov 1984)
Cleveland Bd. of Ed. v Loudermill, 470 US 532; 105 S Ct 1467; 64 L Ed 2d
494 (19 March 1985)

Thomas v General Svcs. Admin., 756 F 2d 86, 89-90 (CA Fed, 4 March 1985)
Woodall v FERC, 28 MSPR 192 (1 July 1985)
Mercer v Dept. of Hlth & Human Svcs., 772 F 2d 856 (CA Fed, 30 Aug 1985)
Passmore v DOT, FAA, 31 MSPR 65 (13 June 1986)
Valentine v D.O.T., 31 SPB 358 (11 August 1986)
Miyai v D.O.T., 32 MSPR 15, 20 (8 Dec 1986)
Pittman v Army & MSPB, 832 F 2d 598 (CA Fed, 4 Nov 1987)
Childers v Air Force, 36 MSPR 486 (31 March 1988)
Bivens v Dept of Navy, 38 MSPR 67 (16 Aug 1988)
Brown v Dept of Navy, 49 MSPR 277 (5 July 1991).
MSPB assured TACOM its decision would not mention the retroactivity, nor the pertinent precedents.
As per law and case law, there being no prior notice, that fact “divests the [removal] of legality [so Pletten remains] on the rolls . . . entitled to his pay,” so the agency must reinstate him forthwith, says Sullivan v Navy, 720 F2d 1266, 1274 (CA Fed, 1983).

March 80 and thereafter, Pletten, showing his being ready, willing, able, and eager to work, repeatedly returns to duty, as per the Bevan precedent. The ouster, and continued refusal to let him return is done, says Chief of Staff Col. John Benacquista, to extort from Pletten a promise to cease and desist his reporting the TACOM violations.
3/20/1980 Letter of Appreciation from supervisor Jeremiah H. Kator (who opposed the termination decision) for again using no sick leave (1979). (Unfortunately for Pletten, Kator was attempting to transfer out of TACOM, so he would periodically be gone to other Army bases for interviews.)
4/9/1980 EEOC letter advisory of the retaliation decision
4/1980 Pletten requested EEO review. TACOM refused to allow EEO review on merits, so it has not yet occurred.
4/1980 coworker Carma Averhart initiated 'fitness-for-duty' exam against Pletten to cover up the already long-made "decision to terminate" on pretextual basis. (See corruption background).
5/27/1980, TACOM-initiated 'fitness-for-duty' examination by Dr. David Schwartz verifies Pletten ability to work, rejects TACOM refusing to let Pletten return-to-duty (RTD). TACOM has its unethical compliant Dr. Francis Holt overrule the examining Dr. Schwartz! (See his deposition.)
6/15/1980 Within grade quality-work pay increase (WGI, $823) granted by Pletten's supervisor Jeremiah H. Kator for Pletten's continuing good quality work above job performance standards and requirements. See Kator's testimony, pp 50-51. (Kator opposed the "decision to terminate" Pletten, hence granted the WGI.)
June 1980, Supervisor Kator leaves TACOM
July 1980, having demonstrated her support for ousting Pletten, supra, Carma Averhart is made Kator's successor.
10/1980, Publication of Pletten's cost analysis of tobacco costs to society, in magazine subscribed to by TACOM's Drug Abuse Office
11/1980 Performance rating remains acceptable by supervisor Averhart (there being no evidence contrary to the June WGI status)
12/1980 Allegation of retroactive effective date of disability retirement (filed by a jealous corrupted-by-promotion-offer co-worker, in April 1981, in conjunction with drug users, as part of their criminal pattern of extortion) in defiance of Federal Personnel Manual Supplement 831-1, Subchapter 10, Part 2.(f), which says inter alia:
Federal Personnel Manual
Supplement 831-1
Subchapter 10
Part 2.(f)
"OPM uses an employee's pay history . . . as a significant source of information about the employee's performance. Information concerning any decision to deny the employee a within-grade increase . . . or to take an action adverse to the employee must be provided. . . .
"the awarding of a pay increase or other recognition based on fully successful performance (including a within-grade increase . . .) only a short time [Ed. Note: June 1980] before the . . . [April 1981] application . . . must be explained in sufficient detail.
"OPM deems this type of pay action to be a confirmation that the employee's service or performance is useful and efficient . . . reflects an agency certification that the employee's performance was fully successful at the time of the increase.
"Consequently, when the agency states that an employee's service became less than fully successful just after the employee's last pay increase based on performance, the application must show that there was a change in the employee's health status which occurred after the last pay increase. . . ."
[Ed. Note: TACOM brass
defied and flouted supervisor Kator's defending Pletten
minimized Kator's affirmatively initiating, approving, signing the
June 1980 within-grade pay increase
never cited any deterioration, never provided any such OPM-required
assertion, much less, evidence, examples!!]

January - September 81, Michigan Employment Security Commission (MESC) rulings in Pletten's favor confirming his ability to perform his duties. MESC awarded unemployment compensation to Pletten. This cannot be done for employees guilty of removal-warranting offenses.
February 1981, via TACOM ex parte contacts with MSPB, advisory to forcibly retire Pletten; and that MSPB would soon issue a decision fabricating numerous claims of TACOM actions to obey rules including AR 1-8!
April 1981, pursuant to MSPB advisory, TACOM (via T. Alef and E. Hoover) applies to forcibly retire Pletten on disability retirement, a move both Pletten and OPM oppose. Pletten also sought EEO review; again, TACOM refused to process the request.
May 1981, MSPB, as per ex parte contacts with Ronald Wertheim, Ersa Poston, et al, fabricates claims of TACOM ventilation improvements! fraud grossly contrary to fact, as verified by TACOM Industrial Hygienist Edwin Braun's Deposition
July 1981, Pletten, to call MSPB bluff, ACCEPTS as adequate, the MSPB improvements-at-TACOM claims! (Also accepting are Drs. Salomon and Dubin, as per their opposition to TACOM having overruled Pletten's work ability.)
Aug 1981 TACOM, to obstruct MESC's decisions, fabricates a claim that Pletten will return to duty on a fabricated date in December 1981!!
Aug 1981, TACOM simultaneously, retroactively to January 1981, puts Pletten on forced Leave Without Pay (LWOP) in direct violation of TACOM Reg. 600-5.14-27-28, which expressly forbids forced LWOP. (This regulation had been written to stop supervisors putting employees, e.g., women, on forced LWOP, on pretended medical grounds, e.g., that in their lay medical opinion, a pregnant woman can't work. We wrote the forced LWOP ban to stop supervisors ignoring medical evidence! then TACOM defies the regulation, the very next situation!) Pletten sought EEO review of the forced LWOP violating TACOM-R 600-5.14-27 - 28); again, TACOM refused to process the request.
Oct 1981 OPM's first decision in Pletten's favor, confirming his ability to work. Pletten immediately again sought to return-to-duty (RTD), as per OPM and agency regulations, and was refused.
Nov 1981 Performance rating of Pletten remains acceptable, by supervisor Averhart (there being no evidence contrary to the June 1980 WGI status; and she, carrying out Col. benacquista's extortion, refused to RTD Pletten, nor provide him any projects)
Nov 1981 co-worker corrupted by promotion offer (Averhart) decides to remove Pletten forthwith (Deposition admission, p 17, lines 12-13), and sends me confusing non-specific self-contradictory letter of removal or disqualification, providing no specifics of misconduct, or below-requirements anything! (See deficiencies list.)
Oct 1981 - June 82 MESC actions in Pletten's favor confirming his ability to perform his duties, rejecting TACOM appeals against the unememployment compensation award.
Dec 1981, contact with MSPB's Ronald Wertheim, citing the MSPB fabrications he'd falsely invented, then upheld! He treated the MSPB falsifications as a joke, pursuant to MSPB policy of falsification and anti-whistleblower hostility, said he was leaving MSPB to become a D.C. judge.
1-22-1982 Removal of Pletten at last admitted by TACOM. No notice of all appeal rights was provided, as TACOM, by ex parte contact with MSPB, wanted to force review into MSPB, where favorable decision ignoring the evidence, had been pre-arranged.
1-29-1982 Gen. Stallings committed mail fraud, pretended I'd be allowed EEO review. (To see his general disdain for rules and fact, see his deposition.)
Dec 2002, Macomb County Circuit Court notice of acceptable performance as juror (Context).
May 2005, HRS letter saying "Your qualifications are very impressive."

So it is clear that, based on Pletten's above career record, the agency disregarded it, and the rules on what an agency must show to do a removal, much less, obtain an involuntary disability retirement against an employee, in retaliation for his having won a 25 Jan 1980 decision by an impartial Examiner for the ancient well-established, oft-judicially-recognized, legal right to "fresh and pure air."
Thereafter has followed Pletten's continuing effort (1980 - 2003, so far) to get review to begin, like others receive.
Note a subsequent verification of the lack of notice of EEOC forum rights.
2-23-1982 EEOC verified, in its 23 February 1982 decision (which TACOM did not appeal), that TACOM had cut Pletten off from access to EEO review by February 1980, as aforesaid:
“In none of the appeals pending before this Commission did the agency ever consider the merits of appellant's allegations. All of the complaints were rejected for the reasons stated in the Appendix.
"The record indicates that as early as February, 1980, appellant was denied EEO counseling and prevented from filing further complaints.”—EEOC Dockets 01.80.0273, et al. (23 Feb 1982).

Note that TACOM claims to have done both "removal" (a disciplinary action) and, contradictorily, a "Medical Disqualification" (with respect to Tobacco Smoke).
Note that TACOM presented no evidence for either allegation:
no evidence of rule violations, malperformance, misconduct, repeated prior and progressive discipline (reprimands, suspensions);
no evidence of a BFOQ qualification requirement in the Job Description
no evidence of a BFOQ established by the requirements-setting agency, OPM
no evidence of 29 CFR § 1607 validation (a showing that tobacco smoke is a BFOQ, i.e., necessary, indeed a 'qualification' requirement, to properly do personnel work).

Please look for such evidence! You will find none.
Having and citing no evidence for the accusation, and using non-existent or invalid personnel qualification requirements, are examples of classic discrimination.
TACOM expects to lose, if it ever allows review-on-merits. Hence, it is continuing its protracted two-decade (approaching 24 years) refusal to allow EEO review of the type others receive, e.g.,
investigation by USACARA (now called "Office of Complaint Investigations")
hearing by the EEOC, with cross-examination, transcript, etc.

These refusals are easily verified

no USACARA or OCI investigation report exists on the removal herein cited
no EEOC transcript exists.

Neither was ever made. TACOM never allowed the requested review on merits to proceed that far, despite EEOC orders commanding it.

Ed. Note: Summary: This is one of many items in the record of this U.S. government whistleblower removed for reporting employer law violations, endangering public safety and health.
The "decision to terminate" aka "removal" was made without first providing 5 USC § 7513.(b) advance notice of charges of any type, misconduct, malperformance, etc. A civil servant "removed" without notice remains on the rolls, says Sullivan v Navy, 720 F2d 1266 (CA Fed, 1983), just as a spouse told to "get out" remains the spouse, says Siemering v Siemering, 95 Wis 2d 111, 115; 288 NW2d 881, 883 (Wis App, 1980) (the "condition precedent [proper document] not having been met, the action was never commenced").
Once administrative review on merits begins (review that has been refused him from February 1980 to present), the above-named persons will be witnesses to Pletten's above average - outstanding performance.

Remember that the 1950's - 1970's were an era of civil rights. This included affirming the duty to use, in hiring and retention decisions, validated Bona Fide Occupational Qualifications (BFOQ) requirements. The federal government was establishing the Equal Employment Opportunity Commission (EEOC), and regulations such as the Uniform Guidelines on Employee Selection Procedures, 29 CFR § 1607, mandating same, and regularly enforcing the BFOQ concept. A number of precedents followed. See also federal selection regulations such as 5 CFR §§ 300, 333 and 335.