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Kenneth E. Griggs v. Department of the Army
Citations: 5 F.3d 1503; 1993 U.S. App. LEXIS 32069; 1993 WL 268907Docket: 92-3439
Court: Court of Appeals for the Federal Circuit; July 16, 1993; Federal Appellate Court
Kenneth E. Griggs petitioned for review of the Merit Systems Protection Board's decision affirming his removal from the Department of the Army for unacceptable performance. The initial decision by the Administrative Judge (AJ) determined that Griggs failed to meet performance standards in all three critical elements of his role as a Mechanical Engineer. Specifically, the AJ found Griggs did not produce timely technical reports, which justified an unacceptable performance rating primarily based on failures in tasks B, D, and E of the third critical element. The AJ concluded that the Navy provided Griggs with a reasonable opportunity to improve and that he did not demonstrate any harmful procedural errors regarding performance appraisals or potential reassignments. In its subsequent Opinion and Order, the Board upheld Griggs' removal, agreeing with the AJ's findings on tasks B and D, but noted an error in the assessment of task E. However, this error was deemed harmless since the failures in tasks B and D sufficiently warranted a negative evaluation for the entire critical element. The court reviewed the Board's decision under a limited standard, affirming it unless it was arbitrary, capricious, or unsupported by substantial evidence. After examining the case, the court found no grounds for reversal, thus affirming the Board's decision to sustain Griggs' removal.