Petition for Writ of Certiorari — Charles D. Adams, Petitioner v. Merit Systems Protection Board

Supreme Court briefDec 12, 2023

Ask Donna

What actually matters in this document.

Text

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

■iif.

APPENDIXES

ATTACHED TO THE PETITION FOR A WRIT OF CERTIORARI IN THE SUPREME

COURT OF THE UNITED STATES FOR WRONGFUL DISCRIMINATORY “2”

APPRAISAL AND MDA EMPLOYER DISCRIMINATION CASE 2023-1662

A

Oct 3, 2023 CAFC Decision for 2023-1662 Adams v. Defense!

B

Feb 17, 2023 MSPB Decision for 2023-1662 Adams v. Defense!

C

Original MSPB Administrative Appeal DC-3443-21 -0137-1-1 against MDA For

Wrongful And Discriminatory “2” Appraisal Rating!

D

Things That Don’t Make Sense Unless You Take MDA’s Wrongful Discriminatory “2”

Appraisal and MDA’s Employer Discrimination Into Consideration!

E

Adverse Actions Chart - a mountain of evidence that proves MDA’s Wrongful

Discriminatory “2” Appraisal and MDA’s Employer Discrimination!

F

Pain and Suffering Caused by MDA’s Discrimination Document - Real injuries and

damages to more than one person

G

Before and After the Discrimination - What Their Discrimination Cost Me and My

Family

H

The True Impact of Discrimination (MDA’s Discrimination Costs and Damages)

I

Summary and Statement of Facts for the US Supreme Court

J

Why you need to subpoena the 7 missing pieces of evidence not currently in the record The evidence MDA never provided, even when ordered to by an Administrative Judge

K

What’s on the Harddrive - Why we need an uncensored copy of the entire unclassified

harddrive

L

Reasons Why We Need An Independent Investigator And Investigation

M

Red Flags of Disparate Treatment, Discrimination and Retaliation

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

N

I Elad Escaped MDA’s Discrimination, But the Bigots at MDA Pulled Me Right Back

into It!

O

My Former Employer's Most Blatant Discriminatory Actions

P

MDA has A Pattern of Disparate Treatment (MDA Disparate Treatment Is Not An

Isolated Incident)

Q

MDA has A Pattern of Misusing the Clearance Revocation System to Discriminate

against their Black Employees

R

Official Outprocessing Paperwork

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.hi.

APPENDIX A

Oct 3, 2023 CAFC Decision for 2023-1662 Adams v. Defense!

Case: 23-1662

Document: 16

Page: 1

Filed: 10/03/2023

NOTE: This order is nonprecedential.

®ntfeb States Court of Appeals

for tlje Jfeberal Circuit

CHARLES DERECK ADAMS,

Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent

2023-1662

Petition for review of the Merit Systems Protection

Board in No. DC-3443-21-0137-1-1.

Before Dyk, Cunningham, and Stark, Circuit Judges.

Per Curiam.

ORDER

In response to the court’s order to show cause, the

Merit Systems Protection Board (“Board”) moves to sum­

marily affirm. Charles Dereck Adams opposes.

This court previously affirmed Mr. Adams’ removal

from the Department of Defense more than a decade ago

after his security clearance was revoked. See Adams v.

Dep’t of Def., 688 F.3d 1330, 1336 (Fed. Cir. 2012). He sub­

sequently filed this appeal at the Board arguing that the

agency had discriminated against him in issuing a

;

Case: 23-1662

2

Document: 16

Page: 2

Filed: 10/03/2023

ADAMS v. MSPB

performance appraisal while he worked at the Department

of Defense. The Board dismissed the appeal for lack of ju­

risdiction. Because Mr. Adams alleged discrimination be­

fore the Board and he expressed an interest in pursuing

those allegations on appeal of that dismissal, we directed

the parties to address our jurisdiction.

Under 28 U.S.C. § 1295(a)(9), this court has jurisdic­

tion to review a final order or final decision of the Board

except in “[c]ases of discrimination subject to the provisions

of [5 U.S.C. §] 7702.” 5 U.S.C. § 7703(b)(1)(A), (b)(2). Alt­

hough under Perry v. Merit Systems Protection Board, 582

U.S. 420, 431-32 (2017), we must ordinarily transfer socalled mixed cases to federal district court even when the

Board dismisses for lack of jurisdiction, such cases must

involve (1) a non-frivolous allegation of “an action which

the employee . . . may appeal to the” Board and (2) “that a

basis for the action was [covered] discrimination.” 5 U.S.C.

§ 7702(a)(1); see Perry, 582 U.S. at 431.

This is not such a mixed case because Mr. Adams did

not raise a non-frivolous allegation that he was subjected

to an action appealable to the Board. Under long-standing

precedent, “disagreement with a performance evaluation,

unaccompanied by an otherwise appealable adverse action,

is not independently appealable to the Board,” Manley v.

Dep’t of Air Force, 91 F.3d 117, 119 (Fed. Cir. 1996) (citing

5 U.S.C. § 7512), and Mr. Adams has failed to provide any

cognizable basis to distinguish his case. To the extent that

Mr. Adams contends review of the evaluation can be teth­

ered to his alleged “wrongful and discriminatory revocation

of [his security] clearances,” ECF No. 14 at 1 (emphasis

omitted), we must reject that argument. As we recently

explained to Mr. Adams, the Board also lacks jurisdiction

to review the manner in which the security clearance revo­

cation proceeding was conducted. Adams v. Merit Sys.

Prot. Bd., Nos. 2023-1212 et al., 2023 WL 3493689, at *1

(Fed. Cir. May 17, 2023).

Case: 23-1662

Document: 16

Page: 3

Filed: 10/03/2023

3

ADAMS v. MSPB

We agree with the government that it further follows

that summary affirmance is appropriate here since there is

no non-frivolous basis for the assertion of Board jurisdic­

tion. Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir.

1994) (finding summary affirmance appropriate where “no

substantial question regarding the outcome of the appeal

exists.” (citation omitted)); Manley, 91 F.3d at 119; Adams,

2023 WL 3493689, at *1.*

Accordingly,

It Is Ordered That:

(1) The decision of the Board is summarily affirmed.

(2) Any pending motions are denied as moot.

(3) Each side shall bear its own costs.

For the Court

October 3, 2023

Date

Is/ Jarrett B. Perlow

Jarrett B. Perlow

Clerk of Court

For the same reasons, even if this were a mixed

case where we lacked jurisdiction, transfer under 28 U.S.C.

§ 1631 to a district court would not be “in the interest of

justice.”

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

m.

APPENDIX B

Feb 17, 2023 MSPB Decision for 2023-1662 Adams v. Defense!

UNITED STATES OF AMERICA

MERIT SYSTEMS PROTECTION BOARD

CHARLES DERECK ADAMS,

Appellant,

DOCKET NUMBER

DC-3443-21-0137-1-1

v.

DEPARTMENT OF DEFENSE,

Agency.

DATE: February 17, 2023

THIS FINAL ORDER IS NONPRECEDENTIAL

Charles Dereck Adams. Herndon, Virginia, pro se.

Paul Y. Kim, Redstone Arsenal, Alabama, for the agency.

BEFORE

Cathy A. Harris, Vice Chairman

Raymond A. Limon, Member

Tristan L. Leavitt, Member

FINAL ORDER

The appellant has filed a petition for review of the initial decision, which

Hi

dismissed his appeal for lack of jurisdiction. On petition for review, the appellant

argues that the administrative judge erred in not accepting his appeal and

adjudicating his attendant claims of discrimination. Generally, we grant petitions

i

A nonprecedential order is one that the Board has determined does not add

significantly to the body of MSPB case law. Parties may cite nonprecedential orders,

but such orders have no precedential value; the Board and administrative judges are not

required to follow or distinguish them in any future decisions. In contrast, a

precedential decision issued as an Opinion and Order has been identified by the Board

as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117('cL

2

such as this one only in the following circumstances: the initial decision contains

erroneous findings of material fact; the initial decision is based on an erroneous

interpretation of statute or regulation or the erroneous application of the law to

the facts of the case; the administrative judge’s rulings during either the course of

the appeal or the initial decision were not consistent with required procedures or

involved an abuse of discretion, and the resulting error affected the outcome of

the case; or new and material evidence or legal argument is available that, despite

the petitioner’s due diligence, was not available when the record closed. Title 5

of the Code of Federal Regulations, section 1201.115 (5 C.F.R. § 1201.1151.

After fully considering the filings in this appeal, we conclude that the petitioner

has not established any basis under section 1201.115 for granting the petition for

review.

Therefore, we DENY the petition for review and AFFIRM the initial

decision, which is now the Board’s final decision. 5 C.F.R. $ 1201.113(b).

NOTICE OF APPEAL RIGHTS2

You may obtain review of this final decision. 5 U.S.C. § 7703(a)(lj. By

statute, the nature of your claims determines the time limit for seeking such

review and the appropriate forum with which to file.

5 U.S.C. § 77030?).

Although we offer the following summary of available appeal rights, the Merit

Systems Protection Board does not provide legal advice on which option is most

appropriate for your situation and the rights described below do not represent a

statement of how courts will rule regarding which cases fall within their

jurisdiction.

If you wish to seek review of this final decision, you should

immediately review the law applicable to your claims and carefully follow all

filing time limits and requirements.

Failure to file within the applicable time

limit may result in the dismissal of your case by your chosen forum.

2

Since the issuance of the initial decision in this matter, the Board may have updated

the notice of review rights included in final decisions. As indicated in the notice, the

Board cannot advise which option is most appropriate in any matter.

3

Please read carefully each of the three main possible choices of review

below to decide which one applies to your particular case. If you have questions

about whether a particular forum is the appropriate one to review your case, you

should contact that forum for more information.

(1) Judicial review in general.

As a general rule, an appellant seeking

judicial review of a final Board order must file a petition for review with the U.S.

Court of Appeals for the Federal Circuit, which must be received by the court

within 60 calendar days of the date of issuance of this decision.

5 U.S.C.

17703(b)(1)(A).

If you submit a petition for review to the U.S. Court of Appeals for the

Federal

Circuit,

you

must

submit

your petition

to

the

court

at the

following address:

U.S. Court of Appeals

for the Federal Circuit

717 Madison Place, N.W.

Washington, D.C. 20439

Additional information about the U.S. Court of Appeals for the Federal

Circuit is available at the court’s website, www.cafc.uscourts.gov. Of particular

relevance is the court’s “Guide for Pro Se Petitioners and Appellants,” which is

contained within the court’s Rules of Practice, and Forms 5, 6, 10, and 11.

If you are interested in securing pro bono representation for an appeal to

the U.S. Court of Appeals for the Federal Circuit, you may visit our website at

http://www.mspb.gov/probono for information regarding pro bono representation

for Merit Systems Protection Board appellants before the Federal Circuit. The

Board neither endorses the services provided by any attorney nor warrants that

any attorney will accept representation in a given case.

(2) Judicial

discrimination.

or

EEOC

review

of

cases

involving

a

claim

of

This option applies to you only if you have claimed that you

4

were affected by an action that is appealable to the Board and that such action

was based, in whole or in part, on unlawful discrimination. If so, you may obtain

judicial review of this decision—including a disposition of your discrimination

claims—by filing a civil action with an appropriate U.S. district court (not the

U.S. Court of Appeals for the Federal Circuit), within 30 calendar days after you

receive this decision.

5 U.S.C. § 7703(b)('2); see Perry v. Merit Systems

Protection Board, 582 U.S.

, 137 S. Ct. 1975 (2017).

If you have a

representative in this case, and your representative receives this decision before

you do, then you must file with the district court no later than 30 calendar days

after your representative receives this decision. If the action involves a claim of

discrimination based on race, color, religion, sex, national origin, or a disabling

condition, you may be entitled to representation by a court-appointed lawyer and

to waiver of any requirement of prepayment of fees, costs, or other security. See

42 U.S.C. § 2000e-5ffl and 29 U.S.C. $ 794a.

Contact information for U.S. district courts can be found at their respective

websites, which can be accessed through the link below:

http://www.uscourts. gov/Court Locator/CourtWebsites.aspx.

Alternatively, you may request review by the Equal Employment

Opportunity Commission (EEOC) of your discrimination claims only, excluding

all other issues. 5 U.S.C. § 7702('bl('n. You must file any such request with the

EEOC’s Office of Federal Operations within 30 calendar days after you receive

this decision. 5 U.S.C. § 7702fb1fQ. If you have a representative in this case,

and your representative receives this decision before you do, then you must file

with the EEOC no later than 30 calendar days after your representative receives

this decision.

If you submit a request for review to the EEOC by regular U.S. mail, the

address of the EEOC is:

5

Office of Federal Operations

Equal Employment Opportunity Commission

P.O. Box 77960

Washington, D.C. 20013

If you submit a request for review to the EEOC via commercial delivery or

by a method requiring a signature, it must be addressed to:

Office of Federal Operations

Equal Employment Opportunity Commission

131 M Street, N.E.

Suite 5SW12G

Washington, D.C. 20507

(3) Judicial

review

pursuant

to

the

Whistleblower

Protection

Enhancement Act of 2012. This option applies to you only if you have raised

claims of reprisal for whistleblowing disclosures under 5 U.S.C. § 2302fbJf8J or

other protected activities listed in 5 U.S.C. § 2302tb')('91('Al(il. (B), (C), or (D).

If so, and your judicial petition for review “raises no challenge to the Board’s

disposition of allegations of a prohibited personnel practice described in section

2302(b) other than practices described in section 2302(b)(8), or 2302(b)(9)(A)(i),

(B), (C), or (D),” then you may file a petition for judicial review either with the

U.S. Court of Appeals for the Federal Circuit or any court of appeals of

competent jurisdiction.3

The court of appeals must receive your petition for

review within 60 days of the date of issuance of this decision.

5 U.S.C.

17703(b)(1)(B).

3

The original statutory provision that provided for judicial review of certain

whistleblower claims by any court of appeals of competent jurisdiction expired on

December 27, 2017. The All Circuit Review Act, signed into law by the President on

July 7, 2018, permanently allows appellants to file petitions for judicial review of

MSPB decisions in certain whistleblower reprisal cases with the U.S. Court of Appeals

for the Federal Circuit or any other circuit court of appeals of competent jurisdiction.

The All Circuit Review Act is retroactive to November 26, 2017. Pub. L. No. 115-195,

132 Stat. 1510.

6

If you submit a petition for judicial review to the U.S. Court of Appeals for

the Federal Circuit, you must submit your petition to the court at the

following address:

U.S. Court of Appeals

for the Federal Circuit

717 Madison Place, N.W.

Washington, D.C. 20439

Additional information about the U.S. Court of Appeals for the Federal

Circuit is available at the court’s website, www.cafc.uscourts.gov. Of particular

relevance is the court’s “Guide for Pro Se Petitioners and Appellants,” which is

contained within the court’s Rules of Practice, and Forms 5, 6, 10, and 11.

If you are interested in securing pro bono representation for an appeal to

the U.S. Court of Appeals for the Federal Circuit, you may visit our website at

http://www.mspb.gov/probono for information regarding pro bono representation

for Merit Systems Protection Board appellants before the Federal Circuit. The

Board neither endorses the services provided by any attorney nor warrants that

any attorney will accept representation in a given case.

Contact information for the courts of appeals can be found at their

respective websites, which can be accessed through the link below:

http://www.uscourts.gov/Court Locator/CourtWebsites.aspx.

FOR THE BOARD:

/s/ for

Jennifer Everling

Acting Clerk of the Board

Washington, D.C.

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

APPENDIX C

Original MSPB Administrative Appeal DC-3443-21-0137-1-1 against MDA For Wrongful And

Discriminatory “2” Appraisal Rating!

MERIT SYSTEMS PROTECTION BOARD

Appeal Form-Appellant and Agency Information

;

r

Please type or print legibly.

OMB No.

3124-0009

1. Name (last, first, middle initial)

Adams, Charles, D.

o

o

Present Address (number and street, citv, state, and zip code)

Address:

12994 Park Crescent Cr.

City, State, Zip Code:

Herndon, Virginia, 20171, United States of America

Telephone numbers (include area code) and E-Mail Address

You must notify the Board in writing of any change in your telephone number(s) or e-mail address while your appeal is pending.

Home: (703) 708-9077

Work:

Fax:

Cell:

E-mail Address: melindaeadams@verizon.net

4.

Other Phone Type:

Do you wish to designate an individual or organization to represent you in this proceeding before the Board? (You may designate a

representative at any time. However, the processing of your appeal will not normally be delayed because of any difficulty you may

have in obtainina a reoresentative.1

□ Yes

0 No

5. Name, address, and telephone number of the agency that took the action or made the decisions you are appealing (include bureau

or division, street address, city, State and Zip code)

Agency Name:

Department of Defense

MISSILE DEFENSE AGENCY

Bureau:

Address:

7100 Defense Pentagon

City, State, Zip code:

Washington, DC, District of Columbia, 20301, United States of America

Agency Phone:

6. Your Federal employment status at the time of the decision

or action you are appealing:

7. Type of appointment (if applicable):

□ Temporary

0 Permanent 0 Applicant

0 Competitive

0 SES

0 Term

0 None

0 Retired

0 Postal Service

0 Other

0 Seasonal

8. Your occupational series, position title, grade, and duty station at the time of the

decision or action you are appealing (if applicable):

Position Title:

Occupational Series QS-0334-15 Step 4

Supervisory IT Specialist

or Cluster:

Duty Station:

Grade or Pay Band: ^ g

10

Length of Government Service (if applicable):

33

Years

0

Months

0 Excepted

9- Are you entitled to veteran's preference?

See 5 U.S.C. 2108.

0 Yes

0 No

11. Were you serving a probationary, trial, or initial service period at

the time of the action or decision you are appealing?

□ Yes

0 No

Appeal Number: 202006267

Submission Date: 12/15/2020 1:54:07 PM

Confirmation Number: 210380

MSPB Form 185-1, Page 1 (i/13/201:)

5 CFR Parts 1201,1208, and 1209

MERIT SYSTEMS PROTECTION BOARD

Appeal Form-Appellant and Agency Information

Please type or print legibly.

HEARING: You may have a right to a hearing before an administrative judge. If you elect not to have a hearing, the

administrative judge will make a decision on the basis of the submissions of the parties. Do you want a hearing?

12. Do you want a hearing?

0 Yes

□ No

E-Filing: Registration as an e-filer enables you to file any or all of your pleadings with the Board in electronic form. Registration

also means you consent to accept service of all pleadings filed by other registered e-filers and all documents issued by the

Board in electronic form. You will receive these as PDF documents at the e-mail address you provided the Board. If registered as

an e-filer, you may file any pleading, or portion of a pleading, by non-electronic means. You can withdraw your registration as an

e-filer at any time.

13. Do you wish to register as an E-Filer in this appeal?

0 I elect to E-File

0 I decline to E-File

14. I certify that all of the statements made in this form and all attached forms are true, complete, and correct to

the best of my knowledge and belief.

Charles Dereck Adams, Appellant

Date:

Appeal Number: 202006267

Submission Date: 12/15/2020 1:54:07 PM

Confirmation Number: 210380

MSPB Form 185-1, Page 2 (i/13/201:)

5 CFR Parts 1201,1208, and 1209

e-Appeal Attachment Transmittal

Appeal Number:

Appellant Name:

Agency Name:

202006267

Charles Dereck Adams

Department of Defense

Please check the box for each document included with this transmittal.

0

Name of

Attachment

Attachment Processing

Status

File Name/Delivery Method

[X! Drafted Appeal

1-----1 File

Upload with e-Appeal

MSPB Administrative Appeal To Remove The Last Discriminatory 2

Appraisal Rating.pdf

2 copies must be submitted of all documents submitted in hardcopy.

Send documents to be submitted in paper form to:

Washington DC Regional Office

1901 S. Bell Street, Suite 950

Arlington, Virginia 22202

United States of America

Phone: (703) 756-6250

Fax: (703) 756-7112

Appeal Number: 202006267

Attachment Transmittal Sheet

Submission Date: 12/15/2020 1:54:07 PM

Confirmation Number: 210380

Page 1

It’s Never Too Late To Do The Right Thing!

MSPB Administrative Appeal To Clean Up My Personnel Records

By Removing The Last Discriminatory 2 Appraisal Rating

Dear Merit Systems Protection Board (MSPB):

Hey I j ust found out that I can get MSPB to clean up my personal records in case I want to go

work for the government again. Mr. Michael Waschull gave me a discriminatory 2 performance

appraisal directly after I had 3 consecutive 4 Superior ratings/performance appraisals, and I

would like to have it removed from my records. I didn’t know I could get it removed until now.

They tried to do it again by subsequently trying to give me a 1 rating but the MDA Executive

Director stopped them. Unfortunately he did nothing about the 2 rating. So I’m here requesting

that MSPB direct MDA to remove the 2 rating from my personnel records.

Let me put it another way. I excelled at my job and submitted an extensive list of my

accomplishments which should have earned me another 4 Superior rating. But Mr. Waschull

(who no longer works at MDA because of his discriminatory behavior) ignored my

accomplishments and gave me a 2 rating (directed my supervisor to give me a 2 rating), so they

could justify my wrongful and discriminatory termination. They need to held accountable for

their discrimination and this wrong needs to be righted/undone by deleting this discriminatory

appraisal from my records. So I am filing an administrative appeal requesting that MSPB direct

MDA to remove the 2 rating from my personnel records. And they should be held accountable

by the MSPB and their Superiors!

Resolution/Remedy: Remove my last discriminatory 2 rating/performance appraisal from my

personnel records. And give me my beloved Cybersecurity Job and Civil Service Career back

(that was wrongfully taken from me) if possible. I still have my CISSP which makes

reinstatement easy. And if possible, I would like unspecified compensatory and non­

compensatory, consequential and non-consequential, and other damages (lost wages/income and

earning capacity, back pay, future income if not reinstated, mental anguish, pain and suffering

for my entire family) caused by their discrimination/racism/bigotry and disregard for my civil

rights.

Filing Requirements:

1. Agency Action I Am Appealing: The DoD Missile Defense Agency (MDA) for giving

me a discriminatory 2 rating for my last performance appraisal (after 3 consecutive 4

Superior ratings).

2. Effective Date: Dec 15, 2020.

Thank you for your time and consideration (and help).

It’s Never Too Late To Do The Right Thing!

Respectfully,

CL-(CL, D 6-^—'

Charles Adams

12994 Park Crescent Circle, Herndon, VA 20171

703-708-9077

melindaEadams@verizon.net

It’s Never Too Late To Do The Right Thing!

CERTIFICATE OF SERVICE

I CERTIFY THAT I SERVED A TRUE AND CORRECT COPY OF THE ATTACHED

LETTER TO THE PARTIES IDENTIFIED BELOW BY US MAIL.

e>

Charles Adams

12994 Park Crescent Circle, Herndon, VA 20171

703-708-9077

melindaEadams@verizon.net

Date: 12/15/20

Agency

Missile Defense Agency

ATTN: James Delduco

7100 Defense Pentagon

Washington, DC 20301

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

■in.

APPENDIX D

Things That Don’t Make Sense Unless You Take MDA’s Wrongful Discriminatory “2”

Appraisal and MDA’s Employer Discrimination Into Consideration!

Things That Don’t Make Sense Unless You Take

MPA’s Discrimination Into Consideration!

1. Why didn’t DIA Recues themselves from the clearance investigation and revocation

process in order to avoid the appearance of impropriety and Conflict of Interest and Lack

of Impartiality (due to collusion) since Mr. Michael Waschull worked for DIA

immediately before MDA?

2. Why didn’t DIA turn the clearance adjudication over to more impartial and less interest

conflicted organizations like the Air Force (AFOSI) or the Army (G2) or the Navy (ONI)

or the Marine Corps (MCI)?

3. How could Mr. Wschull get all of my clearances revoked for charging my cell phone in

my office in his SCIF instead of denial of SCIF access for a minor security incident

where no damage destruction or disclosure of classified info occurred without collusion

with DIA (Mr. Washcull’s immediate former employer)?

4. How could Mr. Waschull use clearances and the clearance system to wrongfully

terminate a permanent competitive 33 year civil servant in a critical shortage position

(cybersecurity) without collusion with DIA (Mr. Washcull’s immediate former

employer)?

5. How could Mr. Waschull get away with bigoted behavior with no accountability without

collusion with DIA (Mr. Washcull’s immediate former employer)?

6. How could they throw me out of the SCIF without resolving their concerns at the lowest

level and with the least amount of resources (a stalwart DoD principle) without collusion

with DIA (Mr. Washcull’s immediate former employer)?

7. How could they get away with pulling me back from the Pentagon Comptroller Job after

they formally outprocessed me and after I had started working my new job without

collusion with DIA (Mr. Washcull’s immediate former employer)?

8. How could they take such extreme measures (revoking all clearances) for a 1st offense

(security violation) where no damage was done (the punishment doesn’t fit the “crime”)

without collusion with DIA (Mr. Washcull’s immediate former employer)?

9. How can they get rid of a dedicated highly decorated and qualified civil servant because

of a single cell phone-charging incident that was a first offense and didn’t result in any

damage without collusion with DIA (Mr. Washcull’s immediate former employer)?

10. Three supposedly "random" drug tests in one year (12 months)? That doesn't make sense

without collusion with DIA (Mr. Washcull’s immediate former employer)!

Page 1 of 3

11. Why didn’t anyone (DIA, MSPB, OSC) take into account MDA’s discriminatory motives

when it was their turn to adjudicate my case?

12. Why didn't they reinstate me after they determined I wasn't a spy and that no damage was

done?

13. Why does MDA’s Counterintelligence folks have more weight than the FBI (who found

nothing worth pursuing in their investigation)?

14. Why didn't they give me my unclassified profile of emails between me and management

if they didn't have anything to hide?

15. How can they persecute me for bending rules when they bend more rules and more

significant rules (they didn’t classify or wipe the nano, they ignored the DIAP’s direction

to perform site audits, ST&Es, before issuing ATOs, etc.)?

16. Why didn’t they use the cell phone-charging incident as a teachable moment (retrain me)

instead of persecuting me?

17. Why did they let my benefits lapse rather than letting me retire?

18. Why did they withhold my 30 year pin and certificate for 12 months (How come it took

them over a year to arrange an awards ceremony for me)?

19. Why were they looking the other way when they clearly overreacted and hypocritically

bent more rules and more significant rules than I did?

20. Why hide the Unclassified Profile or H: Drive and Witnesses if the evidence they have to

provide helps you? MDA's Behavior only makes sense if the evidence they have to

provide hurt them! [It doesn't make sense, unless you consider it was because I personally

documented discrimination, retaliation and disparate treatment on the H:drive, and it

clearly shows how management (the discriminators) ignored my requests for my 30 year

pin for over 12 months! Which is one of the reasons they abruptly sent me home without

access to my harddrive and never provided a true copy to anyone!]

21. Why did they seek Employment Termination by cancelling ALL clearances and not just

the SCI for a "minor security incident" (their own words), especially since they didn't do

that with other white similarly situated employees? [it doesn't make sense unless you

consider it was because they wanted to bring in their own team to turn a minor security

incident into a major security incident so they could revoke all clearances which is the

only way to get rid of me - revoking only the SCI would have resulted in me being

transferred to another job in MDA or DoD]

22. Whenever there is a pattern of things that don't make sense, there is always something

wrong. In this case, it is with the behavior and explanations used to conceal the

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discrimination that occurred and the collusion with DIA to revoke clearances needed to

wrongfully terminate a permanent competitive 33 year civil servant in a critical shortage

position (cybersecurity)!

Page 3 of 3

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

APPENDIX E

Adverse Actions Chart

Adverse Actions Chart - a mountain of evidence that proves MDA’s Wrongful Discriminatory

“2” Appraisal and MDA’s Employer Discrimination!

ADVERSE ACTIONS CHART

(Which in and of itself proves Discrimination, even though EEOC, MSPB

and CAFC continually dismisses the cases)

1. Indefinite Suspension Without Pay

Instead of putting me on leave with pay while they investigated the incident which is

traditionally done in such instances, MDA discriminatorily suspended me without pay so

I could not use my income to fight their discrimination. So I appealed this Adverse

Action.

2. Denial of VERA Retirement

Racially motivated and retaliatory denial of my VERA Retirement Request, while

simultaneously granting it for another white female employee in my same office. So I

appealed this Adverse Action.

3. MDA’s Denial of DoD Civilian Retiree ID Card and MDA EEO’s Failure to

Investigate My 2 Year Old DOD Civilian Retiree ID Card Discrimination

Complaint in a Timely Manner

Not only did they Deny my DoD Civilian Retiree ID Card, but they took 2 years to do so!

Furthermore, I only worked for one organization my entire 33 year career, the DoD, and

they still denied my DoD Civilian Retiree ID Card. It was clearly a Pretense for

Discrimination. So I appealed this Adverse Action.

4. MDA’s Unlawful and Wrongful Termination

I wasn’t terminated for being a national security threat. It was a pretense for Employer

Discrimination. They accused me of espionage and being a spy, and when the FBI

cleared me of any wrongdoing, they used their own employees to perform a bogus

investigation with a predetermined outcome, and colluded with DIA to revoke ALL my

clearances (not just SCIF access which is typical) so they could terminate me for not

being able to do a classified job. So I appealed this Adverse Action.

5. Violation of Prohibited Personnel Practices (Pulled Me Back From Merit Selected

Position)

MDA pulled me back from my competitively attained Pentagon Comptroller job, AFTER

they had formally outprocessed me, and AFTER I had already started working at my new

position. It was clearly a Prohibited Personnel Practice and one that is unique in the

history of both MDA and DoD! So I appealed this Adverse Action.

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6. Violation of My Due Process Rights and Violation of My Presumption of Innocence

under the US Constitution

In their rush to discriminate and get rid of me, MDA violated Due Process. They

performed an investigation with their own people with marching orders to only find

evidence that would help revoke clearances, which is a predetermined outcome. And also

violates the Presumption of Innocence under the US Constitution. They also denied my

requests for oral hearing throughout the process. So I appealed this Adverse Action.

7. MDA’s Lowering My Appraisal and Giving Me a 1 Rating Without the

Corresponding PIPs

MDA broke with tradition and violated Regulations when they lowered My Appraisal 2

Levels (from Superior to Unacceptable) without giving me the Corresponding PIPs. So I

appealed this Adverse Action.

8. MDA’s Lowering My Salary and Reducing My Pay

They wrongfully lowered my Salary and Reduced my Pay after pulling me back from my

OSD Comptroller job at the Pentagon. I was awarded a 2 step increase when I began

working my new job, and MDA did not maintain that level. When they pulled me back,

they reduced my salary by 2 steps, back to the level before my new job salary increase.

So I appealed this Adverse Action.

9. MDA’s Obstruction of Justice by Withholding Vital Evidence, Including EEO

Records in a Discrimination Case

They withheld vital evidence that would have changed the outcome of my case! Mr.

Adams’ Pentagon Drug Tests (that were supposed to be Random but weren’t) and who

requested them (whether MDA tried to cover-up their discrimination by trying to create a

drug motive). Mr. Adams’ FBI Investigation (the one MDA ignored because they

didn’t like the results that cleared me before proceeding with their own in-house

investigation with the predetermined outcome they wanted). Mr. Adams’ Unclassified

Personal Harddrive or H: Drive containing 6 years and 6 months of daily emails and

weekly documentation regarding MDA, Unlawful Termination, Prohibited Personnel

Actions, and other Disparate Treatment, Disparate Impact, Discrimination and Retaliation

I was subjected to while working at MDA. The EEO Records Of The 3 Discriminators

(Michael Waschull, Douglas Clover and LtG Patrick O’Reilly) and The EEO Records

Of The MDA Organization (including the EEO records from the WHS who processed

MDA EEO complaints during the time I worked at MDA before MDA brought their EEO

process in-house to better control and conceal their EEO complaints).There has never

been a discrimination case where the EEO records were never even examined! So I

appealed this Adverse Action.

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10. Mr. Waschull’s, Mr. Clover's, LtG O'Reilly's, and MDA's Unlawful Failure to

Provide EEO Records In A Discrimination Case

MDA withheld all EEO records and convinced the WHS to withhold their MDA EEO

records as well. There has never been a discrimination case where the EEO records

were never even examined! So I appealed this Adverse Action.

11. Mr. Waschull’s, Mr. Clover's, Gen O'Reilly's, and MDA's Unlawfully Tampered

with Evidence when they Censored the CD Copy of My Unclassified H: Harddrive

they were Ordered to Provide me and The Court by Two Different Administrative

Judges

MDA, probably at the behest of one or more of the Discriminators, censored the CD

Copy of My Unclassified H: Harddrive when they were Ordered to Provide it to me and

the Court by two different Administrative Judges, before they gave it to me and the

Court. They removed all evidence of Discrimination and Desperate Treatment and

Retaliation. All the email communications between me and my management were gone.

And so was all of my word documents documenting the Discrimination and Desperate

Treatment and Retaliation. So I appealed this Adverse Action.

12. DIA’s Admin Judge’s Failure to Postpone Clearance Hearing Long Enough for Me

to get a Lawyer, And DIA’s Admin Judge’s Failure to Consider My Legitimate

Discrimination, Desperate Treatment and Retaliation Concerns in the Clearance

Revocation Hearing

Request for a postponement to get a lawyer was denied. And none of my Legitimate

Discrimination, Desperate Treatment and Retaliation Concerns were entered into the

Record. So I appealed this Adverse Action.

13. OPM’s and MDA’s $909 delayed retirement deduction from my Retirement

Annuity Decision in the MDA Discrimination Case

I did not voluntarily leave Civil Service early nor before retirement, as the delayed

retirement regulations require for a delayed retirement deduction. My break in service

was due to wrongful termination based on discrimination, which did not meet the

requirements for a permanent delayed retirement deduction from my retirement annuity.

And I said so, but no one would listen. There is a high probability that MDA’s

Discrimination adversely affected the outcome of this decision. So I appealed this

Adverse Action.

14. OPM’s and MDA’s Decision To Do (Process) An OPM Retirement Instead of A

DoD DEERS Retirement in the MDA Discrimination Case

I was wrongfully given an OPM retirement, instead of a DoD DEERs retirement, even

though I spent my entire 33 year career working for the DoD (my one and only

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employer). And I said so, but no one would listen. There is a high probability that MDA’s

Discrimination adversely affected the outcome of this decision. So I appealed this

Adverse Action.

15. Mr. Waschull’s, Mr. Clover's, Gen O'Reilly's, and MDA's Unlawful Abuse of Power

and Obstruction of Justice by Hiding Evidence In A Discrimination Case

It’s a flagrant and unlawful Abuse of Power to use your position to Hide or Withhold

Vital Evidence in any Adverse Action case, and especially EEO records in a

Discrimination Case. And it’s Obstruction of Justice as well. So I appealed this Adverse

Action.

16. MDA and MDA Chain of Command Aided And Abetted Discrimination

By looking the other way and doing nothing when Discrimination is brought to your

attention, is Aiding and Abetting the Discrimination! So I appealed this Adverse Action.

17. MDA For Being Accomplices After the Fact In My Supervisor’s Abuse Of Power

and Discrimination Against Me by Withholding Vital Evidence and Continuing To

Do So To This Day

It’s a flagrant and unlawful Abuse of Power to use your position to Hide or Withhold

Vital Evidence in any Adverse Action case, and especially EEO records in a

Discrimination Case. And we still have not received the EEO records of the perpetrators

or the EEO records of the MDA organization to this day! So I appealed this Adverse

Action.

18. Removing the Last Discriminatory 2 Appraisal Rating from My Records Because

They were Motivated by and Based on Discrimination

I was a Superior employee, one of the best and brightest DoD had. And I had 3

consecutive Superior 4 ratings to prove it. Then Mr. Waschull and MDA gave me a 2

Minimally Successful and a 1 Unacceptable rating, both based on Discrimination! So I

appealed this Adverse Action.

19. DIA and MDA Wrongfully Revoked My Clearances When Other People Had

Cellphones In The SCIF And They’re Clearances Weren’t Revoked (only the Black

Guy’s clearances were), which is Unlawful Discrimination

DIA and MDA Wrongfully Revoked Ah of my Clearances, and did not revoke the

clearances of Other People that Had Cellphones in the SCIF. It was discriminatory and

All clearances were revoked (instead of SCIF access typical for such a situation) because

the discriminators didn’t want me to use my superior skill and experience to transfer to

another job or organization. It clearly was Unlawful Discrimination! So I appealed this

Adverse Action.

Page 4 of 8

20. DIA and MDA Discriminatorily Revoked All My Clearances When Only SCIF

Access Was Involved which resulted in me not being able to transfer to another DoD

job, which is Unlawful Discrimination

I appealed this Adverse Action because DIA and MDA Discriminatorily Revoked All of

my Clearances when only SCIF Access was involved which resulted in me not being able

to transfer to another DoD job (which is exactly what my bigoted 2nd Level Supervisor

and MDA wanted them to do), which is Unlawful Discrimination. SOP is to do the

lowest level action that resolves the problem and not maximize punishment when

minimal punishment resolves the problem.

21. Collusion Between MDA, Mr. Waschull, and His Former Buddies at His Former

Employer DIA

I appealed this Adverse Action because the Collusion Between Mr. Waschull and His

Former Employer DIA (DIA got rid of him for discriminatory behavior, yet supported his

discriminatory behavior in his subsequent organization) resulted in my Wrongful

Termination Based on Race and Age Discrimination (which resulted in MDA getting rid

of him too)

22. DIA Failed to Recues themselves from the clearance investigation and revocation

process giving the appearance of impropriety and collusion

I appealed this Adverse Action because DIA did not recues themselves from the

clearance investigation and revocation process in order to avoid the appearance of

impropriety and collusion like they should have since Mr. Michael Waschull worked for

DIA immediately before MDA and had initiated the clearance investigation and

revocation process, which was a blatant and obvious conflict of interest. DIA should have

turned the clearance adjudication over the Air Force (AFOSI) or the Army (G2) or the

Navy (ONI) or the Marine Corps (MCI)!

23. DIA Wrongfully Dismissed and Ignored My Discrimination Complaint

DIA Wrongfully Dismissed and Ignored my Discrimination Complaint and Failed to

Consider Discrimination as the Underlying Motive for their Adverse Actions and MDA's

Wrongful Termination! So I appealed this Adverse Action.

24. MDA Failed to Direct Mr. Waschull To Recues Himself When He Refused To Do So

From The Clearance Investigation And Revocation Process

Mr. Waschull worked for DIA immediately prior to working for MDA so should have

recuessed himself to avoid the appearance of impropriety and collusion, but he didn’t.

So MDA should have directed him to recues himself, but they didn’t either. It was a

blatant and obvious conflict of interest not to recues himself. And MDA failed in their

duty to insure a fair investigation and result. So I appealed this Adverse Action.

25. FBI Misconduct For Losing or Destroying Relevant Records and Vital Evidence

Page 5 of 8

MDA called me a spy (and in a public meeting too). And they called in the FBI to

investigate the allegations. Well the FBI cleared me of any and all wrongdoing, saying,

“that I was just an IT Specialist bending a rule to get the job done.” But that sit well with

my bigoted 2nd level supervisor, so he brought in his own people to do a 2nd biased

investigation, which gave him the results he wanted, so he could convince his buddies at

DIA to revoke my clearances (all of my clearances, not just SCIF Access, so he could

terminate me for not being able to do my classified job). Well I went to the FBI to get the

espionage investigation, and they said they had lost it and couldn’t find it. There is a high

probability that Mr. Waschull or someone else in MDA’s convinced the FBI to get rid of

the records of the 1st investigation that cleared me. So I appealed this Adverse Action.

26. The Pentagon and OSD Misconduct For Losing or Destroying Relevant Records

and Vital Evidence

MDA called me a spy (and in a public meeting too). And they called in the FBI to

investigate the allegations. Well the FBI cleared me of any and all wrongdoing, saying,

“that I was just an IT Specialist bending a rule to get the job done.” I went to the FBI to

get the espionage investigation, and they said they had lost it and couldn’t find it. There is

a high probability that Mr. Waschull or someone else in MDA’s convinced the FBI to get

rid of the records of the 1st investigation that cleared me. So I appealed this Adverse

Action.

27. MDA Misconduct For Losing or Destroying Relevant Records and Vital Evidence

MDA Loss or Destroyed vital evidence that would have changed the outcome of my

case! This includes: Mr. Adams’ Pentagon Drug Tests (that were supposed to be

Random but weren’t) and who requested them (whether MDA tried to cover-up their

discrimination by trying to create a drug motive); Mr. Adams’ FBI Investigation (the

one MDA ignored because they didn’t like the results that cleared me before proceeding

with their own in-house investigation with the predetermined outcome they wanted); Mr.

Adams’ Unclassified Personal Harddrive or H: Drive containing 6 years and 6 months

of daily emails and weekly documentation regarding MDA, Unlawful Termination,

Prohibited Personnel Actions, and other Disparate Treatment, Disparate Impact,

Discrimination and Retaliation I was subjected to while working at MDA; and The EEO

Records Of The 3 Discriminators (Michael Waschull, Douglas Clover and LtG Patrick

O’Reilly) and The EEO Records Of The MDA Organization (including the EEO

records from the WHS who processed MDA EEO complaints during the time I worked at

MDA before MDA brought their EEO process in-house to better control and conceal

their EEO complaints). So I appealed this Adverse Action.

28. OSD Comptroller Misconduct for Not Intervening and Protecting Their Employee

From Discrimination

I was an employee of the Office of the Secretary of Defense (OSD) Comptroller when

MDA pulled me back to further persecute me and discriminate against me. OSD

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Comptroller should not have let them do that. They failed to Intervene and Protect their

own employee from Discrimination and Retaliation, even after I told them MDA Wanted

to pull me back to Further Discriminate Against me! So I appealed this Adverse Action.

29. MDA Misconduct for Making me Unemployable

I have applied for dozens ofjobs every month since I was wrongfully terminated for the

last 12 years (that’s 1800 jobs) and have yet to get a full time job with benefits! MDA’s

Discrimination has made me unemployable. I had a full time job with benefits that I was

great at but because of their discrimination and wrongful termination my age has become

a factor in preventing me from getting gainfully employed. The fact that I

was wrongfully (discriminatorily) terminated (fired) from my last job has become a

factor in preventing me from getting gainfully employed. The fact that I no longer no

work references because of their discrimination has become a factor in preventing me

from becoming gainfully employed. The fact that I have no clearances is a huge factor in

preventing me from getting a full time job with benefits. The fact that their

discrimination ruined my credit has also become a factor in preventing me from getting

a full time job with benefits. I actually was provisionally hired for 3 different full time

jobs with benefits but when they checked my credit all 3 of them rescinded their job

offers. Let me put it another way. I went from a highly decorated critical need GS-15 step

4 Cybersecurity Manager with active SES Interviews to unemployable because of

MDA’s Discrimination! And I haven’t had a full time job/paycheck for over 13 years

(4,953 days). Mr. Washcul and MDA ruined my reputation, ruined my credit, and fired

me at an advanced age, making me unemployable! So I appealed this Adverse Action.

30. The 2009 MDA Chain of Command for Misconduct for Not Intervening and

Protecting Their Employee From Discrimination

I was carefully following the new Washington Commander’s lawsuit which says,

“Material misstatement that an organization (think MDA) makes to other organizations

(in this case DIA) that impacts employees ...” and “Intentional Misrepresentations and

deception they made that adversely impacted people and employees ...” Well I was an

employee of the Missile Defense Agency (MDA) when they allowed Mr. Waschull to

Discriminate against me and Wrongfully Terminate me. I went up my Chain of

Command and told them about it. And not only did they practice bad leadership by

burying their heads in the sand, they Failed in their most solemn management

responsibility to Intervene and Protect their employee from Discrimination, even after I

told them about it! It is very sad to see that people and organizations ignore

discrimination (or sexual harassment in the case of the Washington Commanders) or

believe that it is OK to discriminate against black employees (or harass women in the

case of the Washington Commanders)! Accountability for discrimination victems is evey

bit as important as it is for mass shooting victims. And accountability is critical to prevent

any future Employer Discrimination! So I appealed this Adverse Action.

31. MDA Misconduct For Requesting 2 Supposedly Random Pentagon Drug Tests

Within 3 Months Instead of the Typical 2 Years

Page 7 of 8

Like all DoD employees, I was susceptible to random drug tests every 2 years. Mr.

Washcull or someone else in MDA decided that all black people did drugs so they began

using the Pentagon Random Drug Test program to harass and hopefully get rid of me.

That’s not only Discrimination any way you look at it, it’s also Desperate Treatment,

Harassment and creating a Hostile Work Environment. I remember them sending me to 4

supposedly random Pentagon Drug Tests and I found 2 receipts that show 2 test 3 months

apart instead of the typical 2 years. I have never taken drugs and for MDA to assume that

I did because I am Black is Racism! And acting on that bigoted belief by manipulating

the Random Pentagon Drug Testing program is Unlawful Discrimination! It also

occurred to me that they wanted to use the Random Pentagon Drug Testing program DC3443-23-0563-1-1 MSPB Administrative Appeal Against MDA For Misconduct For

Requesting 2 Supposedly Random Pentagon Drug Tests to Cover Up their other

Discriminatory Behavior! So I appealed this Adverse Action.

32. DOJ Misconduct for Failing to Apply Equal Justice to All (Investigating Mr. Trump

and not MDA for the Same Offenses)

The Department of Justice (DOJ) went after Mr. Trump for Conspiracy, Collusion, and

Making False Statements! Well I told them MDA did the exact same things to me and

others on at least 3 occasions (in Dec 2012 and Oct 2015 and Jul 2017), and asked them

to investigate. But they did not! That’s not a level playing field. That’s disparate

treatment! That’s not applying Justice equally! DOJ even said on TV, “We have one set

of laws in this country and they apply to everyone!” But apparently they don’t! If they

did it to Mr. Trump, then they should have done it to MDA too! So I appealed this

Adverse Action.

33. MSPB Administrative Appeal Against The DoD Office of the Secretary Of Defense

(DoD OSD) and The DoD Inspector General (DoD IG) For Misconduct For

Allowing MDA’s Employer Discrimination To Go Unchecked And Unaccountable!

MDA has a Racial Discrimination Problem! And the bigots and racists and white

supremists at MDA are hidden from view! Making it easy for MDA to ignore and

conceal their Discrimination problem (and making it easy for DoD IG and DoD OSD to

look the other way). And their discriminatory actions are just the tip of the iceberg of the

damage they have already caused and are causing daily at MDA! And DoD IG and DoD

OSD are allowing MDA’s Discrimination to go Unchecked and Unaccountable. And they

have watched while DA has chased away at least 4 other top Black IT Experts that I

know of, Mr. Marquil Epps, Mr. Landis Harris, Mr. Antione Manson who went to NIMA

(now NGAO, and Mr. Wayne Jones who went to the Energy Department (and that doesn’t

include me, a Cybersecurity SME with a CISSP)! So I appealed this Adverse Action.

Page 8 of 8

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX F

Pain and Suffering Caused by MDA’s Discrimination Document

Real injuries and damages to more than one person

Pain and Suffering Caused by MDA’s Discrimination for US Tort Court

and the Chain Of Command Lawsuits

I shudder at the thought of putting the pain and suffering MDA’s Discrimination has caused each

member of my family into words. I cringe at the thought that I might but do it Justice. And I

worry that a better writer than I is needed to describe it completely. But here goes! Hope it’s not

for nothing. Writing these things traumatizes me (reminds me of the really bad days we went

through).

Life was much harder for my family. Not because they are black but because Mr. Waschull and

MDA discriminated against their father and husband and cost me my job and my lifetime savings

and OUR HEALTH INSURANCE!

Let me say first that the impact of going from $120,000 a year to $0.00 and with no health care,

Affects more than just college grades! And that the invisible bigots, closet racists and covert

white supremists knew what they were doing when they discriminated against me!

And that I tried to get a lawyer but couldn’t. No one wanted to take my case, not when I was

going up the COC, not during DIA clearance revocation process, not after they discriminatorily

fired me, not during the lengthy administrative EEO and MSPB appeal processes, and not during

the 12 years I fought them to get my job back!

And remember I only had 1 more year before I could retire on my own but instead of

leaving me alone, Mr. Waschull and MDA decided to persecute and prosecute me and use

the fact that I couldn’t retire yet as a stick to try and coerce me to drop my discrimination

appeals!

Charles II (my autistic son)

With no health insurance we were forced to put our autistic son in a group home after taking care

of him ourselves for 25 years. That’s on MDA and their discrimination! And bad things

happened to him while he was in the group home, things that would not have happened if he

was still at home. And that’s on MDA and their discrimination too! He was unhappy! They

would overmedicate him so he was easier to take care of. And he died from falling out of a

transportation van while under their care! And we had to cremate Charles because we

didn’t have the money to bury him. And that’s on MDA and their discrimination too! So

much for the summary, now for the excruciatingly agonizing details!

The greatest adverse impact of MDA’s Discrimination was on my autistic son Charles. It in fact

killed him! Yes Charles would be alive today if it wasn’t for Mr. Waschull’s and MDA’s

Discrimination! Their discrimination forced us to put Charles in a group home! We had a

wonderful family and a wonderful life until Mr. Waschull’s, Mr. Clover’s, LTG O’Reilly’s and

MDA’s Discrimination destroyed it. There was me, my wife Melinda, my 3 sons, Charles, John

and James, and our purebred golden retriever named Billy. We had an idyllic life. We had love,

we had enough money, and we had cars and owned a house. We took really cool vacations every

year. We were living the American dream. And Charles, who was nonverbal and Autistic, was

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doing very well living with his family until Mr. Waschull’s and MDA’s Discrimination cost us

our healthcare and forced us to put Charles in a group home! About twice a month Charles’

autistic nature short-circuited and he would physically assault one or more of us. He couldn’t

help it. And his psychologist regularly adjusted his medications to prevent the attacks from being

more frequent. But Charles was an Angel the rest of the time and we were blessed to have him.

And when Charles did attack us we had our health insurance to repair any damage done,

mostly cuts and bruises and sprained joints and muscles and tendons and headaches, until

MDA’s Discrimination took away our Health Care! We needed and relied on and frequently

used our health care and took our FEHB benefit for granted! As a matter of fact, one of us went

to a health care provider 48 times a year (as documented in our tax returns), half of that a direct

result of our little Angel assaulting us. So when Mr. Waschull’s and MDA’s Discrimination cost

us our healthcare, and forced us to put Charles in a group home, Charles’ idyllic life quickly

turned into a nightmare (as did the lives of the rest of us)! We could no longer comfort Charles

or be comforted by Charles on a daily basis, which we agonizingly felt each and every day!

We could no longer watch out for Charles or protect him from harm! We could no longer

see him smile as we took him for walks or to the movie or for a drive (his favorite thing to

do). MDA and Mr. Waschull essentially split up our family just as effectively as the white

southerners did to our ancestors during slavery! Our family was broken and it was Mr.

Waschull’s and MDA’s fault!

Our son Charles was nonverbal autistic and a lot of decisions we made as a family were based on

or were made to help Charles. We decided to move to Fairfax County because of Charles’

Autism and because of their great history with Special Ed and Special Needs, even if we

had to live in the poorest area in Fairfax County, Herndon. So rather than getting a single

family house in Loudoun or Prince William county, we got a town house in Herndon in Fairfax

County. And MDA’s Discrimination short-circuited that. Discriminatorily firing me instead of

letting me transfer to serve out my remaining years (yes Mr. Waschull and MDA and DIA let

him revoke all of my clearances instead of just SCIF access so I couldn’t transfer to

another job in MDA or DoD and used it as justification to fire me!) and retire with Charles at

home in Fairfax county still using Fairfax county facilities and benefits. Mr. Waschull and

MDA and DIA Discrimination forced us to put Charles in a group home in Prince William

County (so he wouldn’t hurt us when we had no health care) because of Fairfax County’s

long waiting list. Had they not discriminated against us and let us retire We would have had time

to wait out the Fairfax county waitlist and secure a much better group home in Fairfax county

with much better support services which is why we move to and lived in Fairfax county in the

first place (so like I said Mr. Waschull’s and MDA’s Discrimination short-circuited that). We

were forced to pull Charles out of the MYLE (daily daywork facility where Charles earned

$2.00/hr stuffing boxes and had modem transportation with door safety locks and always an aide

in the vehicle) to put him in CCI Horizons daycare facility in Loudoun County 13.2 miles further

away where he earned $0.00 and was put on an old transportation vehicle without door safety

locks and without a daily aide. Charles would be alive today if MDA’s Discrimination hadn’t

forced us to put Charles in CCI’s group home and its lesser quality lesser safe daycare center!

But it wasn’t just the unsafe transportation that killed Charles. It was about all the substandard

(read less than Fairfax County) Special Daycare Facility and Special Needs Program and group

home actions that Charles had to suffer through or do without because of Mr. Waschull’s and

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MDA’s Discrimination (and their forcing us to put Charles in a group home in the first place and

a substandard (lesser than Fairfax County) group home and special needs daycare! Mr.

Waschull’s and MDA’s Discrimination Forced us to take Charles out of his world class Fairfax

county daycare facility which he loved and was lived and put him in a Loudoun county daycare

facility where he was no longer cherished by the staff or paid $2.00 an hour stuffing boxes or

transported to work with an aide in the van which would have prevented him from falling out of

the van on that horrible Tuesday! All because of Mr. Waschull’s and MDA’s Discrimination

we could no longer take care of Charles at home, and he was taken out of world class world

renowned Fairfax county special needs programs and facilities (lost his psychologist that he

had been with 10 years, lost his day care where he was loved and cherished and his day

care job where he was paid and felt a sense of accomplishment and worth, lost his secure

and safe transportation where he had an aide and up to date vehicles - Prince William

group home used old vans without rear childcare locks and no aides in the van to save

money - both of which directly caused Charles death!)!

Every day he was in the group home he had to endure lesser special needs care than he would

have gotten at Fairfax county group home. He eloped often and was lucky nothing happened to

him sooner than the negligent Van accident. They over medicated him to make it easier to handle

him. And there wasn’t a thing we could do. Fairfax County had a waiting list. And we had no job

or health care to help him. We couldn’t bring him back home because of Mr. Waschull’s and

MDA’s Discrimination! We took great care of Charles because we loved him and weren’t being

paid to take care of him for over 25 years. Mr. Waschull’s and MDA’s Discrimination forced us

to turn his care over to strangers (mercenaries) and ones that weren’t nearly as good as Fairfax

county.

Having said that let’s go step by step through all the pain and suffering Mr. Waschull’s and

MDA’s Discrimination put Charles through!

Charles was happy and healthy and safe and living at home when Mr. Waschull and MDA and

others (MDA COC, DIA, etc.) decided to discriminatorily terminate his dad’s job and health

insurance!

By the way, we told MDA about Charles’ special needs and the hardship it would cause

him and us if they didn’t let us retire with our healthcare intact (just 12 months away), but

they did not listen!

After Charles graduated from FCPS Fairfax County put him in a marvelous day program at Mt

Vernon-Lee Enterprises or MVLE on 3855 Centerview Drive Suite 100, Chantilly, VA

20151 (“individuals with disabilities face an unemployment rate over 80%. Are you ready to

change that statistic? Join MVLE as we Work with Purpose to employ and support individuals

living with disabilities!”) Where he was happy and healthy and safe and had a job earning $2.00

an hour stuffing boxes. He went 5 days a week and was transported the same way he was at

FCPS in a bus with a harness and aide beside him (no way he could have fell out of a moving

vehicle and died like he did at Prince William group home while going to their daycare!), we

would even pop in and take Charles to lunch at KFC (he loved KFC) once a week because

MVLE was only 5 miles 10 minutes away from our home (and a much shorter commute to day

Page 3 of 9

care for Charles than the Prince William group home and day center which were 21 miles and 1

hour commute twice a day)!

So our beloved son Charles ended up in a CCI group home called Richmond house because of

Mr. Waschull’s and MDA’s Discrimination! It had an immediate adverse impact on Charles. He

was used to us taking care of him, taking him for walks, and drives with his buddy Billy our

golden, on a daily basis. With him 21 miles and 1 hour commute away they were limited to once

a week on weekends when traffic was light. The first thing we noticed is that none of the other

parents would visit their special needs children. There were 5 other young adults, all male,

staying at the Richmond house and they appeared to be abandoned there. It was nothing like

Fairfax County special needs program! The staff did what they could but their resources were

greatly limited compared to Fairfax County’s program. The waiting list was over 12 months so

we also did the best we could. But with no money for gas (thanks to MDA’s discrimination and

discrimination-based termination, we had no money nor any health care), Charles would elope

because he wasn’t use to strangers fulfilling his needs. We would get a call from the sheriff on a

regular basis telling us he eloped and reports were written and they would find him in other

people’s cars and in the middle of the street and it scared us to death. When we went to visit on

Saturdays and Sundays he seemed unhappy. We would take him to the local parks which cheered

him up for a couple of hours but the next weekend when we showed up he was unhappy again.

We brought him new toys and his old movies to watch on TV but apparently they weren’t

showing him them when we were not there. After a while we noticed they were overmedicating

him because he was groggy when we showed up. We would complain but we couldn’t really do

anything about it because of our vastly reduced circumstances and resources. And when we

brought him home he didn’t want to leave and would fight to stay there. So we had to stop

bringing him home. It was a sad situation and we were all depressed about it, especially Charles.

And when they found him a daycare in Loudoun County (as opposed to the day work center he

had in Fairfax County) things weren’t much better. He would just sit there isolated all day

because he had no regular job to do. We would take him to KFC for lunch and to the giant turtle

park once a week and would drive in the other direction to his group home in Manassas on the

weekends. But it wasn’t like being at home or being in Fairfax County’s day work center. As

weeks dragged on by we could see he was more depressed than he used to be. We felt sorry for

him because we couldn’t help as much as we use to when we had our civil service job. We

were supposed to have guaranteed job security but we learned that didn’t apply in the case

of discrimination. Like their blatant discrimination they found a way around that rule and the

law too! So Charles suffered and suffered. And we had no idea that things could get worst.

But they did!

One day we got a call from Reston hospital telling us that Charles had been in a bad accident on

his way to his daycare center, and was at the emergency room. My wife and I rushed over to

Reston Hospital ER to find him sedated. They said he was acting up and wouldn’t listen to them.

So they sedated him which you aren’t supposed to do to brain-injured patients. Had they called

us right away (they waited an hour), we could have calmed him down and

Communicated with him and explained to him what had happened and what he needed to do in

terms he would understand. The most terrifying thing about it all was the nuerostorms, and the

violent shaking, everyone could tell he was in extreme pain and there was nothing we could do

Page 4 of 9

about it except pray. We visited him every day for 100 days straight and I would read to him

from the Bible. We brought him his cuddliest stuffed animals and a battery radio with soft

soothing music to comfort him.

After 100 days and they got him off of the ventilator they sent him to the Moss Rehab

rehabilitation hospital in Pennsylvania (which was our doing). I went to the US News and World

Reports magazine like I often did when looking for the best colleges for our children and in this

case the best rehabilitation hospitals in the country. Moss Rehab was the highest rated one within

driving distance (it was #7)! So we drove 3 hours one way to visit him for 3-1/2 days a week

every Tuesday evening after work, Wednesday Thursday and Friday. Because MDA’s

Discrimination nearly bankrupted us and deprived us of healthcare, the hospital not only gave us

a hospital room to stay for 3 nights a week (Tuesday Wednesday and Thursday night) but ended

up footing most of the $800,000 bill (likewise Reston Hospital footed their $400,000 bill). And

you cannot imagine how stressful it was convincing the hospitals to do that for our son Charles

and to have a $1,200,000 medical bill hanging over our heads like a guillotine. And that was in

addition to the $600,000 college PLUS loans we had incurred sending our 2 other sons to out of

state colleges!

Well Charles ended up catching a staph infection and blood poisoning during his rehabilitation

and died. And don’t forget it’s all because of Mr. Waschull’s and MDA’s Discrimination! Had

they not discriminated against me, Charles would still be at home and none of this would ever

have happened! We couldn’t even bury him (no money) so he was cremated instead. And we

still owe the funeral bills to this day. It’s not an exaggeration when we say Mr. Waschull

and MDA and DIA destroyed our lives! And permanently and irreparably traumatized

every member of my family!

I don’t know how Charles felt about all the things that were happening to him because of Mr.

Waschull and MDA’s Discrimination. All I know is that he was scared and didn’t understand

why it was happening. And I’m afraid he might have thought we didn’t love him anymore, which

wasn’t the case at all. Mr. Waschull’s and MDA’s untimely Discrimination forced our hand! And

I’ll never forgive them for that and the enormous adverse impact it had on our son Charles! He

suffered probably more than any of us. Because he was autistic and couldn’t take care of himself

and couldn’t understand what was happening and wasn’t good at dealing with change. And it’s

crystal clear that No amount of damages will make up for the pain and suffering Charles had to

endure because of Mr. Waschull’s and MDA’s Discrimination!

John

With no job or retirement savings, John couldn’t take the pilot courses he went to Embry-Riddle

Aeronautical University to take in order to be a Commercial Airline Pilot. As a result MDA and

their discrimination cost him his dream. In addition to that he had to work after classes and his

grades suffered. And he lost his truck to save the house and had to walk everywhere or beg

friends for rides. And like his older brother Charles, John was in a traffic accident, not fatal but

near fatal and unbelievably traumatizing, to the point where he still suffers from PTSD.

So much for the summary, now for the excruciatingly agonizing details!

Page 5 of 9

Let me say first that the impact of going from $120,000 a year to $0.00 and with no health care,

Affects more than just college grades!

My son John got into several colleges but he really wanted to be a commercial pilot so he

accepted Embry Riddle Aeronautical University (ERAU). But unfortunately for him and

all of us, Mr. Waschull’s and MDA’s Discrimination interfered with his education, and my

ability to pay for it. Before Mr. Waschull’s and MDA’s Discrimination we were saving $35,000

a year (more than enough to pay for John’s flying courses and his rent, health care, food,

textbooks, tuition, and other college expenses. Because of Mr. Waschull’s and MDA’s

Discrimination, not only did I lose my job and exhaust our savings (TSP and IRA) right when

John began College. But we also had to get school PLUS loans to pay for John’s college

expenses which didn’t cover pilot flying classes (eventually my wife and I incurred $600,000 in

school loan debt to pay for 4 years of ERAU and 5 years of Penn State College for our boys both at the much higher out of state tuition rates). The immediate effect of my losing my job and

savings was that John had to bring back his truck that we got for him as a HS graduation present

(for college transportation) back home and he had to sell it to Carmax for $10,000 to pay for our

living expenses (and the costs of fighting MDA, postage, paper, copying, etc. and supporting a

family of 5 in the DMV). We also had to sell the gold coins his grandfather gave him as a HS

graduation present for $3,000. So with no transportation or money, John’s College experience

turned into a nightmare, all because of Mr. Waschull’s and MDA’s Discrimination! He had to

get a part time job and his college grades suffered. He had to beg his friends for rides

everywhere. He had to take a dorm resident job to help pay for his lodging. And part time jobs

on top of that to pay for other expenses. Needless to say there was no money to pay for the

commercial pilot courses he went to ERAU to get! So he had to give up his dream of being a

commercial pilot, again all because of Mr. Waschull’s and MDA’s Discrimination! His

college experience was really bad. He couldn’t afford to come home holidays or summer. Often

he couldn’t go out with friends because even though they would provide transportation, he had

no money to pay his way. He had no new clothes for all 4 years! No money for girlfriends or

dates. He constantly told us he was miserable and there wasn’t anything we could do about

it. I tried but could not get another job. And MDA refused to give us unemployment (I went to

court and without a lawyer lost the $40,000 benefits we should have gotten). We had no way to

help our son in college. He was all on his own. It was agonizing to witness and took an

emotional psychological and physical toll on all 5 of us! And when John scraped up enough

money to get a used motorcycle from one of his friends so he could take a better part time job, a

distracted driver ran him off the road and nearly killed him. On top of that He couldn’t even pay

the medical bills (we had no health insurance for 7 years because of Mr. Waschull’s and MDA’s

Discrimination which cost us our health care)! And on top of that, we couldn’t even afford to go

down there to see him when he was in the ER (we had lost our family car - had to sell to CarMax

just like John’s truck to make ends meet and continue fighting Mr. Waschull’s and MDA’s

Discrimination, so had no car to drive to John and no money to fly to John). Mr. Waschull’s

and MDA’s Discrimination put us in quite a fix to be sure! After 4 years of suffering alone at

ERAU (remember he couldn’t afford to come home) John got his diploma out of sheer

determination but he had a low GPA, massive school loans himself, and no commercial pilot’s

license to get the pilot job he dreamed of to pay back his loans and take care of himself.

Page 6 of 9

And the nightmare did not end upon graduation! Because of his low GPA and massive school

loans and the financial hardship the rest of the family was under and no health care to boot, he

had to take a job as a salesman for a Nissan car dealership! And since no one had a car, he had

to take the bus to get to and from work and walk 2 blocks, sometimes in the rain and snow,

because that was as close as the bus got to his job. John worked at Nissan and at Koons Toyota

until the national transportation safety board (NTSA) called him. But it was graveyard shift

work. So he spent the next 2 years working all night and sleeping during the day and not

developing relationships outside of work, all because Mr. Waschull and MDA discriminated

against his father and directly cost him his commercial pilot career. He would have been living

his dream as a commercial pilot if it wasn’t for Mr. Waschull and MDA discriminating against

his father. Well he had no friends, had nightmares of not being a commercial pilot, had to live at

home and never had any money because he had to help his unemployed dad buy food and pay

utilities. For 2 years he suffered and a year before that as a car salesman at Nissan and Toyota.

Since he couldn’t meet people the normal way he was forced to use a computer dating site.

Finally after 3 years things began to look up when he got a job at Leidos as an account

representative. He was finally able to leave home and move in with his girlfriend he met on a

dating site and live a reasonably good life. Nowhere near the life he would have had had Mr.

Waschull and MDA not discriminated against his father. He didn’t get his dream job because

of them. His grades suffered because of them. He had no health insurance because of them. He

had significant school debt because of them. They were directly the cause for him living at home

we and working as a car salesman. And what Mr. Waschull and MDA did traumatized him so

much, he still has nightmares to this day. Make no mistake Mr. Waschull’s and MDA’s

Discrimination has broad deleterious effects that adversely affected more than just his Dad.

It affected his Dad’s children, especially John. And I cannot overemphasize the importance of

having enough money to focus on your studies to get good grades and enjoy your college

experience and the enormous adverse impact not having enough money has on college grades

and getting future jobs, which is what Mr. Waschull’s and MDA’s Discrimination did by

forcing us from middle class to poverty right when our sons were just starting college! Or

the constant excruciating headaches John could not get medical care for, which he (and his

brothers) still have today, and the nightmares! And the other long term consequences of Mr.

Waschull’s and MDA’s Discrimination!

And John now has PTSD that he didn’t use to have (every member of the family does), thanks to

Mr. Waschull’s and MDA’s Discrimination, that occasionally bubbles to the surface and causes

mayhem. He shattered every bone in his leg because of it (and the lifelong enduring pain that

comes with it and reminds him of it). He got in a truck accident because of it. He nearly got in a

fight with his father because of it. He will forever be a turbulent spirit having lost his pilot

dream, having lost his truck, having lost his first love, almost having lost his leg, and most

importantly, having lost his tranquil and trusting spirit. All because of Mr. Waschull’s and

MDA’s Discrimination! But To his credit he now controls his PTSD and keeps it from bubbling

to the surface by running marathons. And he’ll have to do that probably the rest of his life

because of Mr. Waschull’s and MDA’s Discrimination!

Page 7 of 9

And I cannot overemphasize the impact Mr. Waschull’s and MDA’s Discrimination had in

John’s psyche. He now finds it difficult to trust anyone and no longer believes life is fair or

people are rewarded for their hard work. Or that the federal government is just and fair or

a desirable place to work (both he and his brother said they will never work for the Federal

Government). And from firsthand experience he has an outsized belief in the importance of

money (and is obsessed with making it, like both his brother and mother, and because of MDA’s

discrimination they all have become obsessed with money and making it). Because of Mr.

Waschull’s and MDA’s Discrimination, all their victims, including every member of my

family, sees Money as a safety net for racism bigotry and discrimination! And has a sour

somewhat embittered taste of black people living America. The same hopeless and embittered

beliefs that our enslaved forebears had, all because of the employer discrimination

perpetrated by Mr. Waschull, MDA and their collaborators in the federal government. And

no matter what I do now, I can’t persuade him into following in his father’s and grandfather’s

footsteps and going into the military or serving his country working for the federal government

(DIA offered him a job and he turned them down because of what happened to his father)! Or

the impact that going 7 years without health care had on John physically, mentally,

emotionally and psychologically! And Finally because of Mr. Waschull’s and MDA’s

discrimination, John was forced to spend over $60,000 of his hard-earned money chipping

in and helping taking care of the family in the early post termination years (and his brother

James 2 years younger spent over $20,000)!

Billy (our Golden Retriever)

The first time Billy got sick my son John used his $3,300 savings to fix him. The next time Billy

got sick no one had any money to fix him so he just suffered and died! And it was all because of

MDA’s Discrimination. Like Charles, they didn’t shoot him but they’re discrimination and job

lost put into place the devastating circumstances that cost Billy his life (or more accurately

removed vital resources that could have prevented much suffering and saved Billy’s life)! We

couldn’t afford pet vet insurance and we had no money for vet bills. Billy lost his hair because of

MDA’s discrimination. Everyone noticed and commented on the ugly bald spots and I’m sure it

adversely impacted Billy’s mental state too. And we couldn’t get his tick meds every month

meaning each of us often got ticks, and poor Melinda got the Lyme disease ones. Lucky for her

we were able to get the antibiotics to cure it (One MDA bullet that missed us, among many many

others that did not miss us)! I say again Mr. Waschull and MDA knew what they were doing.

They were experts at discriminating against black employees. They knew how to maximize

the pain and suffering and they knew how to get away with it and cover it up!

James

Melinda

Melinda had to go to NIH for her cancer because she didn’t have health care.

And Me

Page 8 of 9

I am plagued with feelings of guilt for not being able to avoid the discrimination and for what it

has done to my family!

To be continued ...

Page 9 of 9

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX G

Before and After the Discrimination

What Their Discrimination Cost Me and My Family

Before and After the Discrimination

What Their Discrimination Cost Me and Mv Family

You just can't make this stuff up. Before I was discriminated against, I was living the

American Dream. I was in perfect health having just completed my 5the marathon. I had a six

figure job and was saving $35,363.28 a year with 12 more years to save. I had a nice house in

the suburbs. I had two late model cars. I had over $450,000 in my TSP G fund earning 6%

which would double in 12 more years. I had a $543,718.03 net worth. I took one or two

vacations every year (usually to Colonial Williamsburg and Busch Gardens Europe, Walt Disney

World, or Universal Studios and Sea World). I had 4 straight years of Superior 4 appraisal

ratings. I had 7 SES job interviews and an excellent chance of getting an SES in the remaining

12 years of my career. I had Federal BCBS Health Insurance and $700,000 life insurance which

I could take into retirement. I had saved up 280 hours of leave, 40 of which was use or lose.

And I had good credit, credit good enough to finance a $35,000 car and get a $700,000

mortgage.

After the discrimination, I am living the American Nightmare. I am no longer in perfect

health. I have high blood pressure and high cholesterol and have gained weight due to the stress

caused by MDA. I am unemployed and have been for 2 years and can't find a good job because

MDA caused my clearances to be revoked and saving $0 a year or $35,363 less a year than I did

before the discrimination. I am bankrupt having spent my entire life savings that it took 32 years

to acquire thanks to MDA. My net worth took a major hit and is down to $197,267.08, a loss of

$346,450.95. I can no longer afford to take family vacations and haven't taken any for 2 years. I

received a 2 and a 1 and a Not Rated appraisal ratings, quite different than the 4 straight years of

Superior 4 appraisal ratings because of what MDA did. I have no more SES interviews no job

offers for the last 3 years, and the last 2 job interviews were for GS-7 Secretary and GS-7 IT

Specialist. I lost my TS-SCI clearance, my job security working for the government, my career

in the government. MDA has made it impossible for me to get a comparable position. Of the

hundreds ofjobs I have applied for over the last 18 months I have only received 6 interviews and

the first 6 didn't hire me because I didn't have a clearance and couldn't get a clearance for 7 more

months and the last two didn't hire me because they said I was overqualified. My credit dropped

to low 300s and I can't even get the time of day. I have had no health insurance for last 6

months, and had to No health care and had to postpone Charles' tooth surgery, wife's dental

work, and prescription glasses. And because MDA disapproved my use-or-lose leave request

forcing us to cancel her 6 mo checkup which fell within the use-or-lose leave request (and

accompanying health benefits).

And add to that the fact that I suffered through excruciating kidney stones with no pain

medication, my wife missed her 6 month cancer screening and 6 month breast mammogram, my

son missed his annual physical and suffered needlessly with a sinus infection because of no

Page 1 of 4

antibiotics, my other son is suffering with painful wisdom teeth that need to be extracted, my

other son missed his fractured leg checkup, and we have had to pay full price for all of our

prescriptions since MDA caused us to lose our health care. And because I had no health care my

autistic son Charles lost the use of his arms (Because Charles had no health insurance, it took 9

hours to admit him, and because he was in handcuffs the entire 9 hours, he now has nerve

damage to both his arms). On top of that, Lynn's dental filling fell out 5 months ago and we

have no money or health insurance to replace it so she suffers and uses self help in the form of

peroxide splashes. I had a severe case of Gout and with no money or health insurance I had to

suffer excruciating throbbing pain in big toe that kept me up at night for several days and used

self help in the form of Internet advice such as using Motrin to reduce inflammation. We also

owe $4,190 for Lynn's knee rehabilitation, $610 for John's ingrown toenail, $1,144 for Charles'

stay at Inova Hospital, $1,250 to LabCorp, $517 to BioScript and $513 to Reston Hospital, all of

which was not covered by insurance.

I haven't had life insurance for last 6 months (which I can't get back because of autism and

cancer pre-existing conditions and bad credit, no job, high blood pressure and cholesterol

because of MDA's actions). I have incurred major tax increases. I haven't been able to buy

clothes in last 2 years. We only had 3 presents under the Christmas tree this year (shirts for the

boys and a wooden puzzle for Charles). I had to get auto title loans costing thousands of dollars.

I have incurred credit card late fees because of what MDA did. I have incurred 2 years copying,

faxing, scanning, mailing fees because of the discrimination. My stress levels have increased. I

have loss my DAWLA Level III IT Certification because I couldn't get a job and do my

continuing learning requirements and probably will cost me my CISSP for the same reason. I

had to sell my son's $3500 gold coin set his grandfather gave him before he died. The

discrimination at MDA cost me a lot, and in intangibles too. They cost me my chance to become

an SES like 4 of my coworkers at DISA. My self-confidence and professional reputation has

taken a major hit, and so has the way my family and friends use to look up to me for inspiration!

And let's not forget the disgrace and shame I had to endure because of MDFA's discrimination.

And all the intentional destruction of all of my coworker relationships! And the ruination of my

career and future job prospects. And let's not forget the loss of my clearance and job, both based

on discriminatory decisions. And on top of that the IRS is threatening me, not for income or

money I made, but for taxes on premature withdrawals thanks to MDA. And then there is

Alienation of Affection. MDA's actions has created a giant and hopefully not permanent rift

between me and my wife. What lawyers call loss of consortium which is the inability of one's

spouse to have normal marital relations. Also there is a long list of symptoms (costs) I have

endured because of the insensitive and immoral treatment at the hands of MDA, including

insomnia, difficulty concentrating, disassociation, bouts of overwhelming depressions and

sadness, unexpected crying spells when alone, social isolation, damage to my professional

reputation, withdrawal from relationships, short-term memory loss, nightmares (never had

Page 2 of 4

nightmares before), panic, worsening abdominal pain, worsening hypertension, dramatic weightloss and weight-gain, and various ailments brought on by stress (in my case kidney stones,

obesity, migraines, gout, etc.).

And on top of that, MDA has left me mentally scarred for life unable to trust people anymore.

They left me disillusioned with DoD, my congressmen, the white house, my government, and the

administrative appeal processes of OPM, MSPB, VEC, EEOC, the courts, etc.. And last but not

least (and arguably most important of all), MDA took away my dream to make a difference

in people's lives through public service. There was a reason I went to work for the government

(instead of using my electrical engineering degree in the more lucrative private industry) and

spent my entire career as a civil servant. I tried to reason with them by telling them I was a

Subject Matter Expert (SME) and knew what I was doing. And I reminded them that there was

no damage done and that it was a first offense. But they were determined to use it to get rid of

me and demy me my dream. The sky was the limit, with my clean record and numerous

accolades and awards and certifications and outstanding skills abilities experience and education.

I had planned ahead ... and I was ready for everything ... except racism!

MDA should be ashamed of themselves for forcing my family to endure such stress and for

circumventing justice just to avoid admitting they made a mistake (looked the other way while

one of their senior managers abused his power and discriminated against one of his employees).

The racial discrimination by Mr. Waschull and MDA has had disastrous consequences on my life

and that of my family and extended family. And there's no question that the discrimination by

MDA and one of its managers has cost me a lot, almost everything. Furthermore, there were no

legitimate reasons for the Harassment, Disparate Treatment, Disparate Impact, and adverse

actions, other than the fact that I am black and they are all white. And MDA's reasons for doing

all the horrible things they did to me and my family were not the legitimate reasons they said

they were. They were just a pretext to cover their discrimination. And the biggest statistic/fact

of all is the fact that out of 33 SESs during the 5 years or 60 months I worked for MDA they did

have a single black SES (a prima facie case for institutionalized racism).

Postscript: One of the biggest damages (costs) resulting from MDA's discrimination is the

Alienation of Affection it has caused in my marriage. Number of days sleeping alone = 712!

Number of times been intimate in last 862 days = 4! (or once every 216 days!) Last day of

intimacy = 782 days ago! And longest period of non-intimacy in 29 year marriage (more than 18

times as long as any other period)! And Still Counting! And for the first time ever, we weren't

together on My Birthday or Her Birthday or Our 28th Anniversary or our 3 son's birthdays! And

we weren't together on Thanksgiving or Christmas or New Years Day or Memorial Day or Easter

or Independence Day or Labor Day or Columbus Day or Veteran's Day!

Page 3 of 4

Another is the loss of health care when I have 2 uninsurable family members (cancer and

Autism)! My family and I have had no health insurance for 1,402 days or 200 weeks! And we

haven't been to the doctor in over 3 years and 307 days because of MDA's Discrimination!

And we had to put our Autistic son Charles in a group home because of MDA. And no full-time

paycheck for 1,924 days or 275 weeks! And no life insurance for 1,304 days or 187 weeks.

Page 4 of 4

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX H

The True Impact of Discrimination (MDA’s Discrimination Costs and Damages)

THE TRUE IMPACT OF DISCRIMINATION

(MDA's Discrimination Costs and Damages)

Hostile Work Environment

= Beloved CIO job lost

= animosity of senior mgmt

Disparate Treatment

= 1 yr delay of 30yr pin

= No Government cell phone

= No job-related college

= No VERA Award

Retaliation

= OSD Comptroller Pullback

Appraisals

= 2 bad ratings after 4 superior 4 ratings

Clearances

= TS-SCI Poly Lost

Leave without Pay

= $4,525 DFAS Bill

Termination

= Health Care Lost

= charging dead cell phone in office

= Ph.D. stalled

= $25K VSIP Lost

= No DoD Retiree ID Card

= $835/mo reduced Annuity

= $40,901 reduced & full annuity difference to Date

= $69,866 from Termination to Retirement Date

= $123,292 from Denial to Retirement Date

= $150K job offer rescinded

= missed prescription drugs

= 5 yrs missed physicals

= prolonged illness suffering

= no meds for kidney stones & gout

= no meds for flu & bronchitis

= no meds for migraines

= no meds for vertigo

= no meds for stomach virus

= no meds for acid reflux

= no meds for enlarged prostate

Page 1 of 3

= no meds for Hi BP & Cholesterol

= no meds for tooth aches

= 5 yrs no cancer screenings

= no meds for missing thyroid

= no meds for menopause

= no meds for hot flashes

= no fractured leg follow-up appointments

= no dental filling replacements

= massive medical bills ($77.8K+)

= diabetes

= insomnia

= worsening abdominal pain

= worsening hypertension

= nerve damage

= wearing 5 yr old glasses

= $700K Life Ins Lost

= $66K IRA Lost

= $455K TSP Lost

=$1.4M Net Worth Lost

= 280 Accrued A/L Lost

= ? Accrued S/L Lost

= Beloved CS Career Lost

= No Income ($120K job lost)

= Early withdrawal penalties

= $66K loss stock market opportunity

= Early withdrawal penalties

= $45 5K loss C fund opportunity

= Massive College Loans

= No Pilot Money

= PT jobs & Bad Grades

= collections destroyed

= missed annual vacations

= $35,363.28/yr savings lost

= $230K+ retirement savings lost

= Family Car (Sequoia) lost

= Son's Car (Tundra) lost

= Son's Graduation Gift Lost ($3500 gold coins)

= Wife's $100K life insurance lost

Page 2 of 3

= $6,910 Pawn Costs

= $4,300 Pay Day Loan Costs

= ? Title Loan Costs

= Bad Credit (700 to 380)

= Bad References

= 60 yr CS Record Lost

= NoSES

= $3M future earnings Lost

= $783K back pay lost

= alienation of affection

= loss of consortium

= American Dream lost

= dream to make a difference in people's lives through public service lost

= forced to put Autistic son in group home after taking care of him 26yrs

Fighting Discrimination

= ? supplies cost (copying, scanning, faxing, mailing fees)

= ? parking fees

= ? court costs

= 1000 hours of my life lost

Emotional Scars

= unable to trust people anymore

= self confidence damaged

= professional reputation damaged

= coworker relationships destroyed

= difficulty concentrating

= insomnia & disassociation

= bouts of depression & sadness

= social isolation

= withdrawal from relationships

= short-term memory loss

= nightmares & anxiety attacks

To Be Continued...

Page 3 of 3

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

APPENDIX I

Summary and Statement of Facts for the US Supreme Court

Summary And Statement Of Facts

The suspension and termination by MDA (and denial of my unemployment benefits) was not because

of misconduct (it was because of discrimination, retaliation, and a host of other motives and hidden

agendas).

A. WHAT THEY ACCUSED ME OF

They accused me of: 1) Charging cell phone in my office in a SCIF; 2) Sneakemetting from low to

high; 3) Possessing CDs that weren’t virus scanned by librarian; and 4) Spying and killing babies

(without any red flags). Why so many accusations? Why blow things out of proportion? Because

they needed to convince the Defense Intelligence Agency (DIA) to revoke all of my clearances so

they would be home free in getting rid of me by forcing me to retire or terminating me (so long as

they followed the proper termination procedures). Furthermore, they needed to terminate all of my

clearances so I couldn’t be transferred to anywhere else in MDA. But there’s more to it than

following proper procedures. Did you do the right thing? Did you do it for the right reasons? Were

your motives pure? Did the punishment fit the crime? Does revocation of all clearances and

termination for a 1st time cellphone charging offense where no damage destruction or disclosure was

done make sense? Did you take into account extenuating circumstances? Did they properly take into

account the value of the employee to DoD (CyberSecurity skills are a critical need)? Or the

accomplishments of the employee? Or the character of the employee? Bottom Line: There was no

misconduct, just ulterior motives and a hidden agenda (discrimination).

B. THE FACTS

First off, this is not a case of bad judgment or lack of character when no one was watching, as MDA

would have you believe. This is a case of planned risk assessment and mitigation in order to better

accomplish the mission (which is why it was an isolated incident that only happened once in 32

years). Second, I have had my SCI for almost my entire 32-year career and have had a perfect

security record. And I passed a lifestyle polygraph administered by the CIA where I answered hours

of security questions. Third, The DIA Report places me in the worst possible light. It is full halftruths, leaves out critical information and facts, including mitigating factors, and is obviously biased

in favor of MDA. They make it seem like I was being sneaky or deceptive and I wasn’t. I told the

truth when I was asked (I did not lie or try to deceive anyone). I was stranded at 2 metro stations in

past 3 weeks with a dead cell phone and no way of contacting home, the most recent being a week

ago at East Falls Church Metro for 2 hours because of fallen trees and derailed trains. When I

realized my cell was dead I decided to charge it so I wouldn’t be stranded again (I explained this to

everyone that asked, my Boss Doug and the Counterintelligence folks). There was no one in the

lobby and I really needed to get some work done (bent the rules in order to accomplish the mission),

so I as a 32 year DoD veteran with the last 20 years as a Computer Security SME [And their senior

LA/Risk Mitigation Manager], I decided the I could mitigate the risk to acceptable levels by

implementing the following mitigations. The cell phone itself mitigated risk in that it was a 1st

generation cell phone given to new Verizon customers for free and as such didn’t have a camera, no

WiFi, no memory to speak of - could only save a few phone numbers, couldn’t upload or download

or manipulate data, no internet, no recording features, no USB port, etc. (basic 1st generation cell

phone which is why neither the scanning team or the counterintelligence people confiscated it).

Other risk mitigating things I did to mitigate the risk before charging (and was taken into account

when I measured the risk when I decided to charge it) was placing it on the floor 4 feet from the

classified terminals (I measured it), turning off the classified terminals, not opening the safe

(securing all classified materials), not making any phone calls during the charging and not receiving

any guests during the charging and not working on any classified material while charging and

working with my door closed. Also remember that the cell phone was off - dead - before I began

charging it [also closing the office door and I also did the System Security Plan for the classified

system and along with all the security it had, including a compartmented file system (only could read

and write to my folder), felt the risk was negligible (and was ultimately proven correct)!]

Figure 1 - cell phone charged in office

The archaic cell phone (given free to customers) had No Camera, No Wireless Interface, No Blue

tooth, No Data Transfer Capabilities (no USB Connector), No Internet Capability, No Instant

Messaging, No music capability, No email capability, No speakerphone, and wasn't the threat the

made it out to be. No wonder the FBI didn’t see a threat (nor did the MDA signal analysis team or

counterintelligence teams confiscate the phone) - MDA just used it as justification to perform

another more extensive investigation, one whose motivation is suspect (orders were to find anything

we can use against the individual). Also my mitigations obviously worked because no classified

information was damaged, destroyed, or disclosed!

*

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Figure 2 - DISA Gold Disks (certified virus free by DISA Field Security Ops or FSO)

Notice they didn’t itemize the disks. They never do, just make the inaccurate and incomplete

accusation in order to push their agenda (revoke my clearance to get rid of me). What they’re not

telling you is that the “hundreds” of unauthorized disks found in my desk were “Gold Disks” (like

the picture above) made by DISA and FEDEXed to me over the past 5 years and used to do my job!

Gold Disks are CDs that contain STIG (Security Technical Implementation Guide) based

configurations of operating systems that identify vulnerabilities in your configuration and tell you

how to correct them (IA/INFOSEC stuff). I would get a FEDEX every month or so containing a

dozen updated versions of Win XP Gold Disk, Win XP Domain Controller Gold Disk, Win 2000

Gold Disk, Win 2000 Domain Controller Gold Disk, Win 2000 Member Server Gold Disk, Desktop

Gold Disk, Win 2K3 Domain Controller Gold Disk, etc. (there’s about 20 different ones and I had

several versions of each). Oh, what a tangled web we weave when first we practice to deceive. This

is just one of the misleading “facts” MDA is using to support their case. Which is why DIA really

needs to question MDA’s “facts” as well all their motives in this case. And by the way, DISA ReadOnly Gold Disks are government issued work products and are authorized by local policy. Again,

the reason they never itemize the disks every time they make the accusation (it’s worth

repeating) is because everyone would know that they are a non-issue (not the threat they make

them out to be). They tried their hardest to find something they could use (build a case) against me,

and this is all they could find. So they exaggerated the issue and used it as justification for a

clearance revocation, administrative suspension and stop pay order. Once you look at the flimsy

evidence against me you have to question their motives and reverse or set aside the clearance

revocation decision.

Figure 3 - Nano used to jog at gym

The Nano (used to store and play music when jogging) had No Radio, No Camera, No Wireless or

Blue Tooth Connection, No Internet Capability, No email capability, No speakers, and wasn't the

threat the made it out to be. Also I did the System Security Plan for the classified system and along

with all the security it had, including a compartmented file system (only could read and write to my

folder), felt the risk was negligible (and was ultimately proven correct)! I am an expert at identifying

and mitigating risks. And my job involves doing it every day. For example, I regularly waive

password enforcement rules (and other security rules) when legacy systems are involved, to

accomplish the mission. First we identify the risk and then we mitigate the risk via policy and

procedures and then we accept the residual risk. And almost always we do a good enough job where

no damage, destruction or disclosure of classified information occurs. I did the same thing here,

identified, mitigated and accepted the negligible residual risk (which is why no damage, destruction

or disclosure of classified information occurred). Remember 1 get paid as a GS-15 to make computer

security decisions, especially risk mitigation decisions (I daily assess risk for data and computer

systems and networks and recommend additional mitigation procedures to minimize risk or bring it

within acceptable levels so we can grant accreditation of the systems and networks).

Furthermore, They intentionally neglect to tell you that I regularly waived security risks everyday as

part of my job. Risks We Regularly Waived (I recommended waivers for) include: (1)

Missing/Didn't Know ISSM/IAM and ISSO/IAO information if mission essential; (2) Non existing

user's guides or missing documentation if mission essential; (3) Password Lengths, PW History

Requirements, PW Change Requirements, PW Timeout Requirements, Strong PW Enforcement

Requirements (typically for legacy systems); (4) Invalid Logon Attempts Lockout Requirements

(typically for legacy systems); (5) Antivirus SW if mission essential and legacy OS prevented it; (6)

Privileged users with same admin UserlDs and PWs, which violated accountability regulations, if

mission essential and legacy OS prevented it; (7) System Security Features and Assurance

Requirements such as DAC requirements for PL2 systems; (8) Missing Confidentiality, Integrity and

Availability Levels of Control (LOCs); (9) Certain Missing information and missing attachments if

mission essential; (10) Contradicting information, such as text says no group accounts but the group

accounts box is checked or equipment list includes Fax or STU and system diagram doesn't, if

mission essential (11) Insufficient System Audits, such as success and failure of logons, if mission

essential; (12) DAA approval if involved SAP (PAA would approve) - But mgmt would override my

recommendations to send nonSAP systems to DAA despite DoD regulations; (13) Never

recommended waiving mandatory ST&E Site Audits - But mgmt would waive them despite DIAP

written direction; and (14) Generally, if customer fixed most of our security concerns we'd

recommend an IATO with remaining concerns listed as follow-up actions.

Mr. Washcull had a choice. The SOP gave him options. He didn't have to chose Maximum

punishment but he did. And when he realized I wasn't a spy or that no damage was done, he

still insisted on Maximum Punishment. Also, each person in the COC had a choice. They

could have done something about it but didn't. They chose to look the other way.

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

A

APPENDIX J

Why you need to subpoena the 7 missing pieces of evidence not currently in the record

The evidence MDA never provided, even when ordered to by an Administrative Judge

Subpoena The Evidence - And Justice Will Take Care Of Itself!

The Evidence MDA Never Provided - Why You Need To Subpoena the 7

Missing Pieces of Evidence Not Currently In the Record

I don't understand why MDA hasn't cooperated with me in getting to the truth of the disparate

treatment, discrimination, and retaliation complaints. By intentionally withholding evidence,

namely the EEO records of the discriminators and the harddrive containing evidence of the

disparate treatment, discrimination, and retaliation, it makes them look like they have no

sympathy for victims of crimes! Ditto for implementing a cover-up regarding these issues!

Nor do I understand why the courts haven't used their subpoena powers to make them release

them release/provide the evidence, namely the EEO records of the discriminators and the

harddrive containing evidence of the disparate treatment, discrimination, and retaliation, they

have in their possession but are intentionally withholding, to get to the truth of truth of the

disparate treatment, discrimination, and retaliation complaints.

Release the evidence, namely the EEO records of the discriminators and the harddrive containing

evidence of the disparate treatment, discrimination, and retaliation, and let the facts determine

their guilt or innocence!

Having said that, pretty much all of the evidence we have now has always been there. I've

presented it to the chain of command and practically everybody else I have appealed the case to.

But the evidence I haven't been able to get is:

1. My complete Uncensored Unclassified Profile or H: drive (containing 6 years and 6

months or 1,690 days of emails and word documents documenting the MDA Disparate

Treatment, Disparate Impact, Discrimination, Retaliation and Hostile Work Environment

- which is why they refused to provide it to me or the DoD IRD or the EEOC AJ when

they requested it)

2. The FBI Espionage investigation which cleared me of any wrongdoing (which

mysteriously vanished from the FBI records - but MDA still has their copy).

3. The supposedly Random Pentagon Drug Tests.

4. The List of Attendees (and meeting notes) at the Ultimatum Meeting where the

MDA Leadership threatened to revoke my clearances and terminate me if I didn't leave

quietly (and dropped my complaints about the disparate treatment, discrimination,

retaliation, and hostile work environment I was subjected to).

5. Testimony from Eye-Witnesses such as Reggie Hansen, Antione Manson, Capt

Devanie Bridges, and others.

6. The EEO Records concerning the Discriminators and the Key Decision-maker in

this case, and the EEO Statistics of the Organization that looked the other way when

the Disparate Treatment, Disparate Impact, Discrimination, Retaliation and Hostile Work

Environment was occurring (and when they were intentionally withholding vital relevant

evidence in their possession that clearly would have changed the outcome of the hearings

and administrative judges’ decisions).

Page 1 of 2

Subpoena The Evidence - And Justice Will Take Care Of Itself!

7. The clearance denial and clearance revocation and termination statistics of black

employees in the MDA and DoD Clearance Systems.

This evidence will conclusively prove my case/appeal and I need the administrative judge to

subpoena this evidence so we can bring this case to a just and final conclusion. And there is no

question that is what this evidence will do, which is why MDA has gone over-and-above to

prevent this evidence from seeing the light of day or being entered into the record. You need to

subpoena these 6 sets of evidence so they don't get away with it due to a lack of evidence

that they themselves created!

Once again, all of the evidence presented to date has been presented before. What we don't have,

and what we need for justice to prevail, is the evidence they refuse to present! They refused to

give it to me (who formally requested it). They refused to give it to their own investigators at the

DoD IRD (who formally requested it). And they refused to give it to the Administrative Judge at

EEOC (who formally requested it). And that evidence is the complete unedited Unclassified

profile or H: drive, their EEO statistics from MDA and WHS, particularly those pertaining to the

discriminators and the key decision-maker, and the testimony from eye-witnesses (and the

records from the FBI Espionage investigation), none of which has ever been recorded into the

record! You have to ask yourself why. They have done everything they could (technicalities,

dragging their feet, outright noncooperation), whatever it took, to keep these records out sight

and out of the record. Again you need to ask yourself why! The answer is clear as the nose on

my face. The missing evidence (the elephant in the room) will show beyond any doubt that

there was disparate treatment and disparate impact! That there was retaliation! That

there was a cover-up! And that there was undeniable race and age discrimination!

Subpoena the evidence, and justice will take care of itself!

Page 2 of 2

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.hi.

APPENDIX K

What’s on the Harddrive

Why we need an uncensored copy of the entire unclassified harddrive

What’s On the Unclassified Harddrive?

My unclassified profile or harddrive contained all of the emails and documented incidents of

Disparate Treatment, Discrimination, Retaliation, Collusion, and Wrongful Nonrecusals on the

unclassified H: Harddrive, containing 6 years and 6 months or 1,690 days of daily emails and

weekly documentation regarding Unlawful Termination, Prohibited Personnel Actions, and other

Disparate Treatment, Disparate Impact, Discrimination and Retaliation I was subjected to while

working at MDA. There are emails and word documents documenting and detailing the people

involved and the times and dates of MDA’s Disparate Treatment, Disparate Impact,

Discrimination, Retaliation and Cover-up on the harddrive. There are emails between

management and me validating all of my claims of discrimination, let alone the people involved

and the times and dates of the events on the harddrive. There are emails requesting 30 year pin

(about 12) and their responses and non-responses on the harddrive. There are emails complaining

about disparate treatment and their responses and non-responses on the harddrive. There are

emails requesting government cell, STE, and comer office and their responses and non-responses

one the harddrive. There are emails to myself documenting discrimination and retaliation or

emails complaining about disparate treatment and their responses and non-responses on the

harddrive. There are belligerent/discriminatory emails from the discriminator, Mr. Waschull, on

the harddrive. There are emails requesting job-related training and grad courses, CISSP fees

reimbursement, and their denials on the harddrive. There are references to discrimination at

MDA, people that were discriminated against at MDA, references to the EEO records kept by the

Washington HQs Services (WHS) that did their managed their EEO program before they took

control of it to make themselves look better. Also references to the not-so-random pentagon drug

tests on the harddrive including the dates I went which verifies its non-randomness. A

description of the intimidation meeting where the 3 letters from HR and DOS, threatened me

with clearance revocation and termination if I didn't leave quietly (if I didn’t fight the

discrimination and abuse of power) is on the harddrive. Also the hostile work environment that

caused the director to mandate senior level hostile work environment training agency-wide, as

well as the disparate treatment they subjected me to. And their approving VERA to people in my

office (and throughout MDA) and not approving it (denying it) to me is also on the harddrive.

All evidence and proof that verifies MDA’s discrimination and retaliation and why we need a

copy of the harddrive MDA is concealing/hiding.

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

■Till

APPENDIX L

Reasons Why We Need An Independent Investigator And Investigation

Reasons Why We Need An Independent Investigator And Investigation

1. The DoD IRD investigation was fundamentally flawed in order to protect MDA's vested

interests.

2. MDA only interviewed people working for MDA who have a vested interest in agreeing

with MDA in order to avoid retribution.

3. They didn't interview the witnesses who didn't agree with them - they only interviewed

people who still work for them and have a vested interest in towing the company line

(agreeing with MDA in order to avoid retribution).

4. They didn't interview the witnesses or asked the questions I recommended (I gave them a

list of 48 witnesses and a list of 167 questions).

5. They only questioned 1 black person out of 18 on my list and didn't question 94% (45 out

of 48) of the people on my list.

6. They didn't bother to interview any of the top 7 witnesses on the prioritized list they ask

me to make because of the incriminating things they would have to attest to.

7. They told me they would interview people anonymously to prevent MDA intimidation

and retaliation but they didn't do that (Tuesday, December 07, 2010 8:52 AM, From:

katherine.ross@cpms.osd.mil).

8. They didn't question Thelma Mason, Doug Clover's black secretary, who was in on

everything that happened.

9. They didn't question Wayne Jones or Antione Manson, black senior managers who left

MDA under acrimonious circumstances (most likely discrimination and disparate

treatment).

10. They didn't even question the DoD Comptroller people and WHS HR people who could

explain how MDA was able to pull me back to MDA after MDA had formally released

me and I had reported to my new job at the Pentagon, which is almost certainly a

prohibited personnel practice violation.

11. They didn't provide the unclassified profile containing the emails between me and my

management.

12. They didn't provide the statistics regarding the turnover rates and length of stay for black

employees, particularly senior black employees and black technical employees.

13. They didn't provide the statistics regarding how many black appraisal appeals were in

that group of 29 they turned down.

14. They didn't provide the statistics regarding the black appraisal appeals for the other years.

15. They didn't provide the statistics regarding the black turnover rates and the techies who

left prematurely.

16. They didn’t bother to address one of the strangest and most important incidents (MDA

somehow pulling me back after I had already formally outprocessed and reported to my

new organization at the Pentagon) and whether it was a prohibited personnel practice.

17. When we tried to get to the truth by subpoenaing witnesses and evidence, MDA hid

behind their guards and gates, just like they did before when they hid behind

procedures and national security (aka Obstruction of Justice)! You don’t need dirty trick

if you're the good guys.

18. The investigator should have asked herself, not what was in the best interests of DoD, but

if what happened to me would have happened if I were white!

19. The answer is no because what happened to me (all clearances revoked for 1st time

cellphone charging incident where no damage was done) never happened to a single

white employee!

20. Their investigation looks like a cover-up (cellphone-gate) where DoD is trying to coverup MDA's discrimination by hand-selecting witnesses most likely to agree with the MDA

position.

21. Clearly the way MDA handled this situation is fundamentally flawed and the way DoD

IRD handled the investigation is also fundamentally flawed.

22. And all of the revisionist history and all the following proper procedures for termination

and clearance revocation can't overcome the indisputable facts that MDA has no black

SES (out of 33) and that no black employee who appealed his or her appraisal when I did

was granted justice or reconsideration.

23. Thus we need to get you to do a proper investigation and interview/question the people

who really know what happened and can verify that disparate treatment, discrimination,

and retaliation actually took place and cut through the pretexts for discrimination.

24. And we need you to subpoena my unclassified profile or order MDA process the Form

16 request (so we can finally get the emails between my management and myself during

the time the discrimination occurred).

25. Mr. Washcull had a choice. The SOP gave him options. He didn't have to chose

Maximum punishment but he did. And when he realized I wasn't a spy or that no damage

was done, he still insisted on Maximum Punishment.

26. Each person in the COC had a choice. They could have done something about it but

didn't. They chose to look the other way.

27. Bottom Line, we need a new fairer unbiased more comprehensive investigation in order

for justice to be served. And given the above, not getting an independent investigator

to do an unbiased (non-DoD! investigation is tantamount to you sanctioning

discrimination!

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX M

Red Flags of Disparate Treatment, Discrimination and Retaliation

Red Flags of Disparate Treatment. Discrimination and Retaliation

1. MDA actually admitted to disparate treatment on Tuesday, Nov 12,2013 when

Admin Judge Velasquez asked about VERA, CISSP Dues, and Form 128 Work Related

Training and the MDA lawyer admitted to offering VERA to others in the office where I

worked, and reimbursing other employees elsewhere in MDA for CISSP Dues and Form

128 Work Related Training! And remember the motives for them refusing to offer me

VERA. MDA refused to authorize VERA to force me to drop my MSPB and EEO

complaints (which cost me and my family our health care when they knew my wife had

cancer and I had an autistic son). For justice to prevail, we have to have a hearing and

proceed with this appeal!

2. MDA refused to authorize VERA Retirement in an effort to force me to drop my MSPB

and EEO complaints, which cost me and my family our health care when they knew

my wife had cancer and I had an autistic son (See email on H: Drive)!

3. MDA pulled me back from a merit selected position after formally outprocessing me and

after I had started working new job! MDA also pulled me back to the hostile work

environment full of discrimination and retaliation I escaped from by competing for and

earning (being competitively selected for) the DoD Comptroller job! [See the DoD

Comptroller Job Offer for Charles Adams and the Outprocessing Documents for Charles

Adams Documents in the Record]

4. MDA refused to give me my 30 year service pin and certificate for more than 12 months!

[See the 30-year pin emails Document in the Record]

5. MDA refused to authorize my use-or-lose leave request when no mission-essential work

was involved to deny me needed resources to fight their discrimination. And they did

without sufficient justification and against regulations which say you can only do that in

crisis situations.) And their actions also cost my family and I our health care (which we

have been without for 1437 days or almost 4 years!), when they knew I had 2 uninsurable

family members (autistic son and wife with cancer). [See the Jun 18, 2009 email denying

use or lose leave Document in the Record]

6. MDA sent me to 3 supposedly random drug tests (supposed to be 1 every 2 or 3 years)

at the Pentagon in a 6 to 9 month period trying to get rid of me for failing a drug test

(sent letter to Pentagon requesting the Pentagon to explain it and whether or not MDA

requested any of them). [See the OSD Letter requesting they provide me the dates for all

of my Pentagon Drug tests and whether MDA requested them Document in the Record]

7. MDA refused to approve my CISSP fees! I asked management to approve my CISSP

fees on multiple occasions. As a matter of fact I asked them verbally and submitted

emails asking them to approve my CUSP fees, with the justification that it was DoD SOP

and other employees in MDA CISSP fees were being approved, every year I was there

(see Unclassified Profile or H: Drive emails)! And I formally requested a copy of the

Unclassified Profile or H: Drive to prove it, but MDA denied all requests (mine and

Page 1 of 3

others) for the Unclassified Profile or H: Drive (no doubt to prevent this proof from

being entered into the record as evidence). [See the MDA Form 16 Copy of Profile

Request and Discovery Request for Unclassified Profile or H: Drive and the Tuesday,

Nov 12, 2013 Teleconference Notes with Admin Judge Velasquez, MDA Lawyer and

Appellant where MDA Lawyer admitted to MDA paying CISSP fees for other similarly

situated employees and admitting to Doug Clover's approval of DAIWIA courses

Documents in the Record]

8. MDA refused to approve any of the SF-182 forms I submitted for work related

studies INFOSEC! I asked management to approve multiple SF-182s on multiple

occasions. As a matter of fact I asked them verbally and submitted emails asking them to

approve them, with the justification that it was DoD SOP and other employees in MDA

SF-182s were being approved, every year I was there (see Unclassified Profile or H:

Drive emails)! And I formally requested a copy of the Unclassified Profile or H: Drive to

prove it. But MDA denied all requests (mine and others) for the Unclassified Profile or

H: Drive (no doubt to prevent this proof from being entered into the record as evidence.

But no matter how well MDA's lawyers have used legal technicalities to cover up the

evidence and hide the witnesses, no matter how well MDA tried to avoid and hide the

discriminatory events and facts, the truth is going to eventually come out! And by the

way, all emails to and from management (the discriminators) on the Unclassified

Profile or H: Drive are unclassified (hence the name "unclassified profile" or

"unclassified H: Drive") and does not impact national security, like they led you to

believe (in order to justify concealing them or censoring them or not turning them

over)! [See the MDA Form 16 Copy of Profile Request and Discovery Request for

Unclassified Profile or H: Drive and the Apr 25, 2008 email containing SF182

Documents in the Record]

9. MDA isolated me by moving me to an empty office with no computer no phone and no

LAN and not moving my stuff. Then moved me to an already occupied office (Army

Colonel's office while on TDY). Both of which were disparate treatment and retaliation. 1

10. MDA refused to issued me a government cell phone, a STE, DAWIA Level 3 PM

training, payment for work-related evening courses and payment of my CISSP dues while

paying other employees CISSP dues, when requested on multiple occasions (and I was

the only 15 in the organization without those resources necessary to do my job)!

11. MDA refused to give me the empty-for-a-year corner office when asked (most senior

person without a corner office at the time) and later gave it to someone else knowing

I had asked for it first (essentially holding it empty until a senior white employee

showed up)! [See email on H: Drive]

12. MDA changed rules that only applied to me. [See the Rules mgmt changed just for me

Document in the Record]

13. And there are literally dozens more cases. I could go on and on about the disparate

treatment and discrimination and retaliation I was forced to endure, but you get the

Page 2 of 3

idea. I have a prima fascia case for both race and age discrimination, but their

lawyers are dragging things out (as lawyers are taught to do) hoping I'll quit or die,

since I'm Pro Se and have no back up, like a law firm would. And avoiding all hearings

where more evidence and discriminatory behavior will come to light. [See the list of

disparate treatment events Document in the Record]

Page 3 of 3

7

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.wii

APPENDIX N

I Had Escaped MDA’s Discrimination, But the Bigots at MDA Pulled Me Right Back into It!

Hold MDA Accountable For Their Unlawful and Unethical Actions!

I Was Gone! I Had Escaped The Disparate Treatment And

Discrimination. But The Bigots At MDA Pulled Me Right Back Into It!

One thing says it all in a nutshell (MDA's Mens Rea in a nutshell). I was gone! I had escaped the

disparate treatment, discrimination and retaliation and the hostile work environment! Gone!.

Away from it. Away from MDA. Started a new job and a new work life. With MDA's blessing

authorization and formal outprocessing. But the bigots found where 1 went and came and got me

and pulled me right back into it! So they could further retaliate and discriminate with the

ultimate goal of destroying my future by terminating all of my clearances (not just my access to

the SCIF) and my job and my health care, and setting a crystal clear example to anyone else

thinking about complaining about the hostile and discriminatory work environment at MDA (or

their misuse and abuse of the DoD Clearance System/Process to discriminate against minorities)!

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX O

My Former Employer's Most Blatant Discriminatory Actions

Mr. Waschull’s And MDA’s Most Blatant Abuses Off Power

Clearly Shows Their Ulterior Motives

1.

My former employer discriminated against me based on not one but two protected

classes, Race and Age!

2. My former employer actually admitted to disparate treatment on Tuesday, 11/12/13

and admitted to offering others in the office where I worked VERA and not offering

it to me!

3. There were no black SESes (out of 22) the entire 5 years I worked for my former

employer!

4. My former employer pulled me back from a merit selected position after formally

outprocessing me and after I had started working new job!

5. My former employer refused to give me my 30 year service pin and certificate for

more than 12 months!

6. After the FBI cleared me, my former employer implemented a second investigation using

their own in-house investigators with orders to "find anything that we can use against

him." [MDA had the FBI to do an espionage investigation and when they didn't like

the results, they ignored them and did their own biased in-house investigation to get

the results they wanted.]

7. My former employer is still relying on biased investigations and many fabrications, halftruths and outright falsehoods (lies), which have been previously discredited many times!

8. The Agency Director, an Army LtGen and the #1 decision maker in my case was fired

for abusive behavior and publicly showing/exhibiting disdain and lack of respect for

both his people and the rules!

9. I already have 8 favorable rulings from MDA Director, MDA Executive Director,

EEOC, US Court of Appeals, Federal Circuit, Dept of Defense and DFAS!

10. My former employer violated 7 Prohibited Personnel Actions!

11. My former employer demonstrated a pattern, yes pattern, of creating Hostile Work

Environments and practicing Disparate Treatment. And the pattern of abuse was so

significant and so severe that the Agency Director himself had to implement

mandatory Hostile Work Environment training for his Executives and Senior

Managers (the Air Force Director before the Army Director that was fired for

misconduct)!

12. My former employer's behavior isn't the behavior of an innocent person or organization.

Why would innocent people or organizations conceal or refuse to provide evidence and

witnesses that would prove their innocence? Why would innocent people or organizations

tamper with evidence or censor H; Drives that would prove their innocence? Why would

innocent people or organizations have to fabricate evidence to get the verdict they

wanted?

Page 1 of 2

7

13. My former employer had a high turnover of blacks in general, and black SMEs with

skills that get them other jobs in particular because of the discrimination, disparate

treatment, and hostile work environment.

14. My former management sent me to 3 supposedly random drug tests (essentially extra

drug tests) at the Pentagon in a 6 to 9 month period hoping to get rid of me for failing a

drug test (sent letter to Pentagon requesting the dates for all of my Pentagon Drug tests to

prove how un-random they really were and whether or not they were requested by MDA).

15. My former management refused to issued me a government cell phone, a STE,

DAWIA Level 3 PM training, payment for work-related evening courses and

payment of my CISSP dues while paying other employees CISSP dues, when

requested on multiple occasions (and I was the only 15 in the organization without

those resources necessary to do my job)!

16. My SES Supervisor called me a "baby killer" and a "spy" one 2 separate occasions

and in public while I was working for MDA!

17. My former employer terminated me for charging a cell phone in my office (and

sneakemetting from low to high) while doing their mission-essential work when no

damage disclosure or destruction occurred (punishment far exceeded a first offense, typical

of discrimination) and when I was authorized to waive such rules as part of my routine

job duties! They essentially terminated me for doing my job because I was working

while black (discriminated against me)!

18. My former management refused to give me the empty-for-a-year corner office when

asked (most senior person without a corner office at the time) and later gave it to

someone else knowing I had asked for it first (essentially holding it empty until a

senior white employee showed up)!

19.1 received belligerent and disparaging and very unprofessional emails from my

former management (all documented on the unclassified profile or H: Drive my

former organization refuses to provide to anyone - not me via a formal request and

again through discovery and not even the Administrative Judge who requested it)!

20. My former employer refused to authorize my use-or-lose leave request when no missionessential work was involved to deny me needed resources to fight the discrimination!

21. My former employer refused to authorize VERA Retirement in an effort to force me to

drop my MSPB and EEO complaints (which cost me and my family our health care

when they knew my wife had cancer and I had an autistic son)!

22. My former employer practiced disparate treatment that included refusing to pay my jobmandated CISSP fees while paying other (white) employees CISSP fees and my after

work job-related (info assurance) college courses while paying other (white) employees

college courses!

23.1 could go on and on about why we will eventually win, but you get the idea. I'm going

to win and MDA and DoD know it too. But their lawyers are simply dragging things

out (as lawyers are taught to do) hoping I'll quit or die, since I'm Pro Se and have no back

up, like a law firm would.

Page 2 of 2

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

■tif.

APPENDIX P

MDA has A Pattern of Disparate Treatment

(MDA Disparate Treatment Is Not An Isolated Incident)

MDA Has A Pattern (Not An Isolated Incident) Of Abuse Of Power,

Obstruction Of Evidence and Disparate Treatment And Hostile Work

Environment; And It Is Documented On The Unclassified H: Drive

(Evidence MDA Is Withholding)

1. OSD Comptroller Job Pullback - they didn't pull other people they outprocessed back

[See email o n H: Drive]

2. VERA - they didn't refuse to award VERA to other people in or out of my directorate

[See documentation on H: Drive]

3. 30 Year Pin - they didn't delay other people's awards for a year [See emails on H: Drive]

4. Use-Or-Lose Leave - they didn't deny other employee's use-or-lose leave requests [See

email on H: Drive]

5. CISSP Fees and Job-Related Training - they didn't refuse to pay other employee's

professional certification fees and after-work job-related college courses (GMU

INFOSEC courses in my case) [See documentation on H: Drive]

6. Hostile Work Environment - they didn't subject other employees to such an

environment [See emails and documentation on H: Drive]

7. 3 supposedly random drug tests at the Pentagon in a 6 to 9 month period (supposed

to be 1 every 2 or 3 years) - No one else had so many supposedly random drug tests in

such a short time period [See documentation on H: Drive]

8. SF-182 forms I submitted for work-related INFOSEC studies - they didn't refuse to

pay other employee's after-work job-related college courses [See emails and

documentation on H: Drive]

9. Recommending DIA revoke all clearances for a minor first offense (charging cell

phone in SCIF) where no damage disclosure or destruction of classified info or systems

was done, instead of recommending retraining, reprimand, or denial of access to SCIF per

Custom and SOP - They didn't do this to other employees under similar circumstances.

[See documentation on H: Drive]

10. MDA isolated me (so no one would know about their discrimination) by moving me to

an empty office with no computer no phone and no LAN and not moving my stuff. Then

they moved me to an already occupied office (Army Colonel's office while he was on

TDY) which caused problems when the owner returned and wanted it back. Both of

which were disparate treatment and retaliation. Again, they didn't do this to other

employees under similar circumstances. [See documentation on H: Drive]

11. MDA refused to issued me a government cell phone, a STE, and DAWIA Level 3

PM training. Not only was I the only 15 in the organization without those resources,

they were necessary to do my job! Needless to say, they didn't do this to other employees

under similar circumstances. [See documentation on H: Drive]

12. MDA refused to give me the empty-for-a-year corner office when asked (most senior

person without a comer office at the time) and later gave it to another white GS-15

knowing I had asked for it first (essentially holding it empty until a white GS-15 showed

up)! [See documentation on H: Drive]

Page 1 of 2

13. MDA changed rules that only applied to me. [See emails and documentation on H:

Drive]

a. They changed a long-standing rule to send policies to Policy Working Group

(PWG) for comment to IT Team (apparently so they could say they put on the

appraisal that they had to rewrite my stuff).

b. They changed a second long-standing rule (behind my back) that I was to review

all System Security Plans (SSPs) and send my analysis to Doug (apparently

before they realized I had already done twice as many as last year so they could

make a negative remark about it on my appraisal).

c. They changed a third long-standing policy by picking an ISA/ISSM for SAP

systems from the read-on government staff. When they went looking for one for

the new SAPWAN system they decided not to pick a person internal to DOSP and

already read on to administer IAM/ISSM duties for the SAP system. When I

asked Doug about it, he said Mr. Waschull didn’t want to pick me, even though I

was the only government worker qualified to do it, and that he was told to pick

someone else even though they would not be read on - it would be up to the readon staff to tell them what they need to know to do their job.

d. They changed a fourth long-standing policy when they changed the classification

of the IATO letters. The long-standing policy was to draft an unclassified

IATO/ATO that could be done by DOCV or reviewed by anyone. At the same

time, another SAP document was created by PSOs and PMs detailing what could

be put on the accredited system. They changed this long-standing rule by adding

the SAP info to the unclassified IATOs/ATOs in order to keep them out of the

public domain (restrict them to read-on people) and protect themselves from

prying eyes, especially the folks at DOCV. To ensure this they ordered me to not

interact with DOCV for any reason, not even tell them we were processing

everything, even collateral, in-house (which was bending/changing regulations

too, since they are the DAA Reps). This also caused duplication of effort

problems because they were not even told to stop processing the systems we had

already accredited in-house (and when I told them they didn’t care).

e. They changed a fifth long-standing policy when they stopped allowing me to

switch my CWS day in order to better accomplish the mission (get an extra 9

hours of work production that would be lost if a sick day were taken) after 3 years

of letting me do so (and they only did it after I appealed my appraisal rating and

asked for an admin transfer - coincident or retaliation?).

f. And here’s the really important part. All the rules were changed just for me

and me alone (not anyone else in my office or in my directorate), with the

goal of chasing me away by making my work less challenging, less

interesting, and less substantial, and for appraisal purposes (allowed them to

question my work on the appraisal)!

Page 2 of 2

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

.in.

APPENDIX Q

MDA has A Pattern of Misusing the Clearance Revocation System to Discriminate

Against their Black Employees

Pattern Of Misusing The Clearance Revocation System To Discriminate

Against Black Employees

I strongly believe there was collusion between Mr. Waschull and other at MDA and DIA in the

revocation of all of my clearances instead of denial of access (revocation of the SCI) as

recommended by Custom and DoD Policy. Thus I highly recommend the IG interview all

members that were on the adjudication board as well as support personnel who had anything to

do with the clearance revocation, especially those that interacted with MDA officials preparing

the documentation. The secret agreement to revoke aU of my clearances cost me my job (could

have worked elsewhere in MDA or DoD had they only denied me access to the SCIF. And when

rules are broken in a way that affects the credibility of the system, as they are when collusion is

involved, we have an obligation to act in a way that rectifies the problem (because the problem

goes beyond revoking my clearances - there is a pattern of misusing the clearance revocation

system to discriminate against black employees and that's discrimination - and a statistical

analysis of revoked clearances, and denied clearances, will prove it - and that's where the IG

comes in because they are denying me access to that data).

“Equal Justice Under The Law”

“DoD’s Clearance System is Discriminatory and Must Be Fixed And

MDA’s Adverse Actions Against Me And Others Are Pretexts For Employer Discrimination”

APPENDIX R

Official Outprocessing Paperwork

MISSILE DEFENSE AGENCY

OUT PROCESSING CHECKLIST

SI Government

National Capital Region

□

□

1. Name

Contractor

I

j

Military

Huntsville

□

Other

2. Rank/Grade

Charles Adams

YA-3 (GS-15)

3. Out-Processing Date

4. Organization

01-30-2009

5. Room Assigned to

DOSP

Prime Contractor

02C02

Contract Number

n/a

n/a

Ail personnel assigned to the Missile Defense Agency (MDA) are required to out process and obtain signatures and/or initials from the following activities before

leaving the Agency.

Activity

Location/Phone Number

MOVE COORDINATOR • Initiates move message, which

triggers the pickup of your computer hard pack, deactivates

the network account and terminates network access.

Signature/inltiais

As assigned by the appropriate 2LTR.

HUMAN RESOURCES

- Training Close Out

FOB2 Room 1717A / 703-695-8048

- Incentives Validation

- Student Loan Repayment

- Relocation

- Recruitment

- Retention

- Leave Credit

- Transportation Agreement

Out processing conducted lelephonically /

266-313-9941,256-313-9896.

Local Human Resources personnel

will sign/initial.

FOB2 Room I7I92A / 703-693-1638

- Exit Interview

FOB2 Room 4129F / 703-693-1575

- Pick up Physical Fitness Records

- Select branch of service:

rt/a

CHIEF OF STAFF

TRAVEL OFFICE

- Turn In government travel card and government passport

MDA FORM 14 OCT 08

FOB2 Room G7051 / 703-697-9090

PREVIOUS VERSIONS OBSOLETE

/>'it

S />

GENERAL COUNSEL

• Post employment ethics counseling / procurement integrity

briefing

5>?/i *r'

FOB2 Room I074A / 703-697-7890

-4m. r-C

C ^

c^

p ^ Q,

COMPUTER INFORMATION CENTER

- Turn in all software, hardpacks, modems, CD-ROM

drives, etc.

p ft> jp

Suffolk Rm 05D30 / 703-695-9000

MANAGEMENT SERVICES ANO ADMINISTRATION

I/#/#?

- Turn in telephone credit card, cell phone,

BlackBerry, phoneBerry, laptop computer, etc.

C**'

/Tlfh-sna

Sequoia A118 / 703-486-6961/6960

/

- Records Management disposal

Suffolk Rm 03A19 / 703-882-6734

- Reset voicemail password

Suffolk Rm 05D2IA / 703-882-6228

- Write voicemail password here

'7 2-6 8 5? O

■>

INFRASTRUCTURE ANO ENVIRONMENT

n/a

- Turn in parking pass

SECURITY

- Check all appropriate clearances/accesses

SCI

□ □

SAP

SF-312, NATO, CNWDI

□

- Anti-Terrorism debrief

'tmm

<5

Suffolk 04KZ0A / 703-882*6480

SECURITY OPERATIONS CENTER

DAbad

:ommon Access

c&k

Card^^tmergency Esca?6r[j|

F082 Room 17111/ 703-693-1575

COMSEC

Suffolk Rm 00D69 / 703-681-3585

JC01

/{,—■$ 7^?-??2." 6 iT6 (

OSD MILITARY PERSONNEL

s

a w

**

n/a

FORWARDING ADDRESS

Address

City

12994 Park Crescent Circle

state

Herndon

Home Phone Number

Virginia

ZIP Code 20171

+1 (703) 708-9077

Forwarding Organization/Company Name

OUSD(Comptroller)s 7100 Defense Pentagon, Washington, DC 20301-7100

Forwarding Organization/Company Phone Number

MDA FORM 14 OCT 08

TBD

PREVIOUS VERSIONS OBSOLETE

i certify mat i ao not nave in my possession any classifies). propnetary or sensitive information, upon Departure from tne facility, i win taxe wim me oniy my

personal possession. I understand the MDA security forces may inspect any items that 1 attempt to remove from the facility.

y

ZD

Departing Employee Signature

01-30-2009

Date

01-30-2009

Employee Supervisor or Move

Coordinator Signature

Date

Program Manager Signature

Date

01-30-2009

01-30-2009

Contracting Officer's

Representative (COR) Signature

Date

RETURN COMPLETED FORM TO:

Human Resources Directorate

FOB2 Room 1711B

RETURN COMPLETED FORM TO:

Human Resources Directorate

FOB2 Room 1711B

RETURN COMPLETED FORM TO:

Human Resources Directorate

Building 5222 Martin Road

Redstone Arsenal, AL 35898

RETURN COMPLETED FORM TO:

Respective Program Manager for signature: Program Manager will forward signed form to the COR.

RETURN COMPLETED FORM TO:

Appropriate Program Manager or Supervisor.

MDA FORM 14 OCT 08

PREVIOUS VERSIONS OBSOLETE

JAM-27-2009

14: SS..

P.03

BALL!STIC MISSILE DEFENSE

. Pott amptoymaiM efface cou/rteimg / procurement ma^mr

trieAftfl

4 VV4> t\v*«" «v* »

;v

■?

COMPUTERINPQKMATION CENTER

Suffolk Rm 05D30; 703-695-9000

• Turn In ai totem*. hartpadrt. modema, CD-ROM

t

l

I

i

!

i

MAMAOCMENT SCRVTCEB AMD ADMINISTRATION

V

- Turn W Ntophona cradfcoud, «fl phona,

Biadc&any. pn<yw&arfy< laptop <**«pu»f. •«.

Sequoia M18 / 703-486-6961/6960

- Racnrta Managarmam dtapoaal

Suffolk Rm 03A 19 / 703-882-6734

s

i

1

•’ l

;

!

i

Suffolk Rm 05D21A / 703-882-6228

- Rami vaeamtft pauuord

-Write wtaanailpMA-oto hart

INFRA8TRUCTUPE AMD ENVIRONMENT

!

;

n/a

- Turn b\ ptiWnjj paM

security

. ctwdraU gppwpritta dai raneM/aooeMM

SCI [~~j SAP j

□

| SF-312, NATO, CNWDI

n /a

fce

6 f <3 /<?r

Suffolk 04B20A / 703-882-6480

- AntKTamwWn dabrtal

SECURITY OPERATIONS CENTER

- Coflaa MOA badge, Court** cart. Cortitm A<xeu

Cart, and Emergency Eteape mask

FOB2 Room ill 11 /703-693-1575

COMSEC

Suffolk Rm 00069 / 703-681-3585

Re-vty,:. m.! 7 9? -??£- 6(1 •

0*0 MUXARY PERSONNEL

n/a

EORWARDINO AOORMM

AddrMt

CKy

(2994 PBric.Crescent Circle

Ssia

Herndon

Herne fTwsna Niarfcw

21P Cod# 20171

+1 (703) 708-9077

Eofwartlofl OrganiiRian/Cdmoany Mama

i

Virginia.

OUSD(C0mptrollCf). 7100 Defense Penlagon, Washington. DC 20301-7100

rpeMiiMng 0>9antUManCanvanr Phona humbtr

TBD

IIDA FORM 14 OCT 08

PREVIOUS VERSIONS O6SOLETE

GENERAL COUNSEL

FOB2 Room 1074A / 703-697-7890

- Post employment ethics counseling I procurement integrity

briefing

COMPUTER INFORMATION CENTER

Suffolk Rm 05D30 / 703-695-9000

- Turn in all software, hardpacks, modems, CD-ROM

drives, etc.

MANAGEMENT SERVICES AND ADMINISTRATION

IP-, ----- r

- Turn in telephone credit cardjslLpboQgS

BlackBerry, PhoneBerry^gptop computerate.

Sequoia A118 / 703-486-6961/6960

- Records Management disposal

Suffolk Rm 03A19 / 703-882-6734

- Reset voicemail password

Suffolk Rm 05D21A / 703-882-6228

- Write voicemail password here

■>

INFRASTRUCTURE AND ENVIRONMENT

n/a

- Turn in parking pass

SECURITY

Check all appropriate clearances/ac^Bsses^? (^4fiJl

JSCJ

^312, NATO, CN\yDI^.^[~]

—SAI

.. .Jb

-Anti-Terrorism debrief

Suffolk 04B20A / 703-882-6480

SECURITY OPERATIONS CENTER

- Collect MDA badge. Courier card, Common Access

Card, and Emergency Escape mask

CSMSEC

FOB2 Room 17111/703-693-1575

Suffolk Rm 00D69 / 703-681-3585

Ren

OSD MILITARY PERSONNEL

£v*rtj

n/a

FORWARDING ADDRESS

Address

12994 Park Crescent Circle

City Herndon

Home Phone Number

State Virginia

ZIP Code 20171

+1 (703)708-9077

Forwarding Organization/Company Name

OUSD(Comptroiler), 7100 Defense Pentagon, Washington, DC 20301-7100

Forwarding Organization/Company Phone Number

MDA FORM 14 OCT 08

TBD .

PREVIOUS VERSIONS OBSOLETE

SHEET

NO.

ISSUE

REQUEST FOft ISSUE OR TURN-IN

V.

NO. Of^ 5, REQUEST NUMBER

SHEETS

TUWWN

1. PROM:

S. DATE MATERIEL REQUIRED

7* PRIORITY

& VOUCHER NUMBER

&

A w*TN

2. TO:

tuvp/y

POSTED

DATE

BY

DATE

BY

/

ACCOUNTING AND FUNDING DATA

4.

END

ITEM

lx MODEL

>. NAME AND MANUFACTURER

C* SERIAL NUMBER ■

d. PUBLICATION

IDENTIFICATION

ITEM

STOCK NUMBER; DESCRIPTION* ANDCODJNG OF

MATERIEL AND/OR SERVICES •

NO.

b

a

UNIT

CODE

c

«S5

e QUANTITY

o

t

SUPPLY

ACTION

UNIT PRICE

TOTAL COST

f

9

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H2>IV\THCLU<pV-dp

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<(*) *-3^62*-

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SHEET TOTAL

*LSSt/E- NWfaC R-Rep/aceme/tf

COLUMN IS REQUESTED

W1

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DD FORM 1150, OC

^

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T^RN-ifty- U-UnsorvtembK S-Servfc^

............

SM

REPLACES EDITION OF 1 JUL 66 WHICH MAY BE USES

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Adobe Professional 7.0

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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