Appendix — Schmitt v. Merit Systems Protection Board (No. 06-1690)

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Text

of C re (Court U.S.

061690 DEC 1 4 2000

2006-3287QOFFICE OF THE cule

IN THE

Supreme Court of the United States

HARRY M. SCHMITT,

Petitioner,

MERIT SYSTEMS PROTECTION BOARD,

Respondent

and

DEPARTMENT OF THE NAVY,

Intervenor.

On Petition for Writ of Certiorari to the

United States Court of Appeals for the Federal Circuit

PETITION FOR WRIT OF CERTIORARI

Harry M. Schmitt

7211 Captain Kidd Avenue

Sarasota, FL 34231-4718

(941) 923-2253

Volume I

— APPENDIX a

SS: =—=—_—

INDEX TO THE APPENDIX

VOLUME II

Item

Notice of Right to File a Discrimination Complaint

(July 17, ee

Request for PSAB (NO9N2) — Changes

(August 13, an

Navy Director of EEO Officer’s Reply Letter

(January 5, 2005)

Navy Director of EEO Officer’s False Sworn Statement

(April 7, 2005)

Navy Headquarter’s Privacy Act Request Letter

(February 3, 2004)

USA Federal Labor Relations Authority ULP Charge

Against Agency (July 25, 2006)

Navy Attorney’s Request for DON CAF Records by

Harry M. Schmitt Letter (March 2, 2004)

Navy Deputy Director of EEO Officer’s Reply Letter

(July 8, 2005)

Equal Employment Opportunity Commission Office

of Federal Operation’s Letter (March 22, 2005)

Doctor Mark H. Brus Workmans’ Compensation Letter

(September 18, 2001)

le)

INDEX TO THE APPENDIX (CONT'D)

Item Page

Mr. Harry Michael Schmitt’s Sexual Harassment,

Intimidation and Retaliation Complaint Letter

(September 19, 2001) 34

Ms. Linda K. Erickson, L.C.S.W.’s Workmans’

Compensation Letters (August 10, & 28, 2001) 39

NOTU Command Managed Equal Opportunity

Officer’s Zero Sexual Harassment Policy E-Mail

(December 5, 2001) a

NOTU Change to Appointment with the SSP Inspector

General’s E-Mail (October 25, 2001) 46

EEO Counselor’s Notice of Final Interview Letter

(January 8, 2002) 52

NOTU’s Investigation into the Improper Use of

Government Equipment (February 27, 2002) 54

Mr. Harry M. Schmitt’s U.S. Department of

Labor Answer Letter (January 11, 2002) 66

NOTU’s Notice of Acknowledgment for Investigation

of Claims of Discrimination (June 3, 2002) 68

Mr. Harry M. Schmitt’s Reasonable Accommodation

Letter to NOTU’s CO (May 20, 2002) 71

BEST AVAILABLE COPY

eo C:

DEPARTMENT OF THE NAVY

Naval Air Warfare Center Training Systems Division

12350 Research Parkway .

Orlando Florida 32826-3224

12713.

TSD734.

17 Jul 02

From: Raelene Hamptoa, EEO Counselor

To:. Mr. Archibald J. Thomas M1, Attormey at Law, —, Tower Suite-1640,

Jacksonville, FL, 32207 -

Subj: NOTICE OF RIGHT TO FILE A DISCRIMINATION COMPLAINT -

Enel: (1) Complaint Form (OCPM 12713/2)

_ 1, Thisis to infor you a that Because the dispute your client Mr: Harry M.:Schmitt, has brought:

to my attention has not been resqlved, you'are now entitled to, as Mr. Schmitt’s representative,,

file an individual discrimination complaint based on race, color, religion, sex, national origin,

physical or mental disability; age, and/or reprisal.. Your client alleged discrimination based on

reprisal (prist EEO involvement) when the following occurred: ,

a. The Cape Canaveral Air Force Station Police falsified a police nae to NOTU

ea Officer, Captain William H. Borger:

.. Mi, Robert Blankenship of Leading Edge Employee Assistance Program Inc., failed to

: notifies via letter of an appointment with Dr. Permesly, thereby not giving the complainant: °

an opportunity to yuanely seek counseling on his own, resdeting to the disbarment.

6 Cooperation with the Inspector General, Captain Bvangelist.

' 2.-Ifyou file a compiaint, it.must be in writing, signed, and filed within fifteen (15) calendar

days after réceipt of this notice, with any of the ne officials authorized to receive .

discrimination complaints: .

William H. Borger, CAPT, USN

‘Commanding Officer |

Naval Ordnance Test Unit

P.O. Box 1623 -

. Cape Canaveral, Florida

32920-1623

| C. | 1 =

"Subj: NOTICE OF RIGHT TO FILE A DISCRIMINATION COMPLAINT

Milagros Vazquez, Deputy EEO Officer

Naval Air Warfare Center Training Systems Division

12350 Research Parkway

Orlando, FL 32826-3275 ©

The Secretary of the Navy

Washington, DC, 20350-1000

3. A complaint shall be deemed timely if it is received or postmarked before the expiration of

_ the 15-day filing period, or in the absence of a legible postmark, if it is received by mail within .

five days of the expiration of the filing period. =

4. Ifyou file your complaint with one of the officials listed above (other than the EEO Officer),

+t will bé sent to the activity EEO Officer for processing. Therefore; if you choose to file your

complaint with any of the other officials listed above, be suré to provide a copy of your

complaint to the Deputy BEO Officer, Milagros Vazquez, to ensure prompt processing of your

complaint. , ach” ;

5. The.complaint must be specific and contain only those issues either specifically discussed

with me or issues that are like or related to the issues that you discusstd with me. It must also

state whether you have filed'a grievance under @ negotiated grievance procedure or an appeal to

the Merit Systems Protection Board on the same claims. - RS Soe eye

6. If you file a complaint, you should name the Honorable Gordon R. England, Secretary of the

Navy-as the person against whom you are filing your complaint. SIE ei ca ae

2 ifyou have any questions please contact the undersigned. at (407) 381-8946.

Perr ae

RARLENB HAMPTON —

EEO Counselor

Copy to:

Mike Schmitt, Complainant

Louise Vitale, Counsel

©. _ PA-2 | oO

~ “Notice of Intent ete a

PART I .

From: Mr. ‘Harry Michael Schmitt, ‘SSN: 265-35-4432

I ‘received a ‘Letter of otification of ene erere ae from DON

CAF dated ‘

Gcaeaeeank east

oe elect ‘to:

} ¥ submit a , written appeal, éteeathy ¢ to the. PSAB.

= sorsenallic- appear before a DOHA Administrative Judge who

will, in turn, sieiaienneees a A eenemarammner to the PSAB.

PART it

The following infersation ts provided . so-.that I can be contacted |

by the. PSAB (Ox _DOHA:* :

a. Detiy: Aaaeene? - ee : b. ‘paytime Phone:

a -- ~ —- - Commercial:

a pou ° Be

Pee ‘4 ° . . FAX:

c, Lot Addzess? ea 2 _ Gd. Home Phone: (41) 923-2253 "

1d Captiin ladda amare

t cca Fleeida 34231~ FUG

‘Be E-Mail Address:

Office:. — ————— _ Home: (Optional)

“ f. My Security, Manager, §SO, ox Designated. Point of ‘Contact. is:

Phones: (321)453-/270 -

‘Name: Eosigs Vaughn” ___-- - Commercial:

Rpaik: >. DSN: -

are a : . Fax*

. PART ‘IIE. :

To appeal directly to the PSAB, send this antdint washes 10

calendar days from ‘¥eceipt of the: Letter of Denial /Revocation tor.

President, PSAB, - Chief of Naval Operations (NO9N2) , ‘ ;

Capagyenns of the my. Washington mire Yard, DC, 20388- ~5381

To request a design appearances before a DOHA Adninistrative

Judge,. send this notice within 10 celendar oup from receipt of

the Letter of Denial/Revocation to:

. Director; Department of the Navy, Gentral- Adjudication

Bacility, 716 Sicard Street SE Suite 2000, Washington Navy

‘Yard, oe 20388-5389

26 J lene, 2003

Date

* leet ; - Enclosure (1}

DEPARTMENT OF THE NAVY

NAVAL ORONANGE. TEST UNIT

CAPE a FLORIDA 32920-1623

5520"

a ol : . SPP01/U081203002000

Mr. Harry Me Schmitt 13. AUG 2003

7211 Captain Kidd Ave.

Sarasota, PL 34231-4718

Dear Mr. Schmitt,

Subj: REQUEST POR APPEAL CHANGES

_ Per telephone conversation between Mr. Michael Anderson,

Assistant Security Manager,- Naval Ordnance Test. Unit, and Ms.

Paula Gage, Executive Director, Pérsonnel Security Appeals Board

(PSAB), your request .to change your personal appearance before -

an Administrative Judge to a written appeal to the PSAB has been .

approved. _—

Your request for a.90° day extension is not approved, but you

are granted a 60 day’ extension. . Your written appeal must be

_gubthitted by 14 October 2003. . Submit your written sagen,

directly to: ;

- President; PSAB .

Chief of Naval ‘Operations -pamoeede

Department of the Navy

Washington Navy ‘Yard, DC 20386- 5381

By direction

Copy to: Mr. Archibald Thomas III

Weer Suite 1640 Riverplace Tower

1301 Riverplace’Boulevard _

Jacksonville; PL 32207

i oe in... O

DEPARTMENT OF THE NAVY

‘OF FICE OF CIVILIAN HUMAN RESOURCES”

~ _ 614 SICARO STREET CE SUZTE-100

WASHINGTON NAVY YARD CC 20374-8072

Mr. Harry i. Schmitt <r apr eae oe

7211 Captain Kidd Avenue. a ey Oe

Sarasota, FL 34231-2718: - ba pe

Ded Mr. Schmitt: kee oe

ss This acknowledges receipt of your letter to the Assistant

’ Becretary of the Navy (Manpower and Reserve Affairs),.dated -_

December 10, 2004, postmarked December -10,, 2004, and received by.

the. office of. the.. Deputy Assistant Secretary -of the Navy ,

. {Civilian Human Resources) on January 10, 2005. You requested |

- reinstatement of your formal Equal ‘Employmént:. Opportun ty (BEO)}

complaints of discrimination, DON: 02-62841-001 and" 02- 62841- 002.

* he oueeky Equal Employment Opportunity Officer (DEEOO) ‘at

the activity where the allegations of discrimination arose must

. initiate the ‘processing’ of your complaints, including the - :

G@ecision to accept or dismiss all.or.part-of the complaints. . ze

any ox all of your-complaints are not accepted, you will be given

appeal rights ed the hetaitan Employment ‘Opportunity: Commission.

‘ + By. copy’ of this ‘Lettex we are- forwarding your. formal- ;

* complaint of discrimination ta, tHerDEEOQ, Human Resources Office,

' Naval Air Warfare Center ‘Training’ Systems Division, - 12350 a :

Research. Parkway, Orlando, Florida 2826 for action, :

; _ ¥ou shéuld: contact Ms, utlagees Vazquez, EEO Manager, :

g seinen, number ae -380-1430, if. you need further assistance. .

", Sincerely, - ee

. ees is Head, areal yal Se

ote Cee er — fagedryed Sere .

Copy to:;. _ Si

* PAR >

07-2005 13:44 F COs-RATICISO ( 2am [ * gut aeneues of, ess ter ew .

~ . *. oe a ;

'L, Milagros Vazquez, state the following:

J am the Deputy Bqual Employment Opportunity Officer for the Naval Ordnance Test

Unit (NOTU), Cape Canaveral, Florida. I'am responsible for processing Equal =

_Broployment Opportunity {EEO) complaints filed by employees cmployed by NOTU.

Mr. Schmitt filed-wo BEO complaints with my office regarding various allegations

- involving his employment with NOTU. My office was responsible for processing Ms.

Schmitt's complaints and I am the point of contact. : ant

. Complainants.are responsible for notifying me if they move or if there is a change of

status in their complaint(s). Mr. Schmitt made numerous contacts with this office. ~

Accordingly, he knew thet he was to address concerns regarding the processing of his

EEO complaints to my office. Mr. Schmitt did not notify this office of any change of

addsess during the processing of his discrimihation complaints’ or shortly after the

- términation of his cornplaints in early 2004, when Setdiement was reached. *

" [ declare under penalty of perjury that the above staternent is true and accurate to the best

of my knowledge. . ; ae

ane ©

€ i ‘er Number: 062048368

:. PROTERM-D-PT

U.S, DEPARTMENT OF LABOR : 2 see 5 > -*

: - EMPLOYMENT STANDARDS ADMINISTRATION

OFFICE OF WORKERS’ COMPENSATION PROGRAMS,

PO BOX 8300 DISTRICT 6 .

. LONDON KY 40742-8300

Phone: (904) 357-4777

” November 24, 2003 ea |

F Saaeha_ nena IIE ” Date of Injury. 12/15/2000

Employee: Harry Schmitt

HARRY M. SCHMITT

’.7211 CAPTAIN KIDD AVE

_ SARASOTA, FL 34231

Dear Mr. Schmitt:

NOTICE OF PROPOSED TERMINATION,

Under the provistons of the Federal Emp‘oyees’ Compensation Act (5 U.S.C: 8101 et seq. ) and-

the program's regulations (20 C.F.A. 10.1 et seq,), we propose to tarminate your compensation

for wage lass for this claim: The basis for this finding is found In the enclosed Notice of

‘Proposed Decision. The medical basis for the proposed termination is a’medical report dated

~ September 30, 2003, from Dr. Permesty. We discussed in detail the findings of the report in the

attached Notice of Decision. If you wish to review the actual report, please contact Dr. °

.Permesly.. As your attending physician he is Ld best position to decide whether It is

appropriate for you to Have a copy of it. .

if you disagree with this proposed action, you must submit additlonal evidence or argument, i in

_ writing, to this office within 30 days of the date of this letter. We will not terminate your benefils

during this 30-day pan ‘after which We will take further action based upon the ones in

. your fite.

Please note that this acai decision would not terminate your medical benefi ts, which will -

remain open only. if treatment Is still needed for your accepted condition. :

2s Endosures: Nolice of Proposed Terrrination -

NAVAL AIR WARFARE CENTER TANG -

"SYSTEMS DIVISION GODE 7311 RO Specialrt's Cot,

42850 RESEARCH PKY 's EEO Specialists

- ORLANDO, FL 32826 — , Milagros Vaeguee’s f s Redlene game

PA-7

U.S. Department of oe ie Employment Standards Administration &

; Office of Worker's ‘Compensation Programs

Distant of Federal Employee's amppeinn

PO Box 8300 District 4

London, KY 40742-8300 a .

August 28, 2003 ~ °(904) 357-4777 CA935-FO-CA935.

File Number: 062048358

Date of Injury: 12/15/2000

et Employee: HARRY: SCHMITT

HARRY SCHMITT :

650 DIXON BLVD APT 228

“COCOA, FL’ 32922 "

Dear Mr. HARRY SCHMITT ;

“This is a request for: certain information concerning any wages you soa ‘have earned

during the period 01/02/2000 to 01/01/2003. :

Therefore, please do the following:

1. Review the information that is viecamieaal on. Form $SA~581: enclosed. Correct

any pre-printed information by drawing a line ‘through the incorrect ‘information: and

writing the correct information above it. :

aS “Add any ether last name ‘ever used by you or the deceased (it applicable) on the

appropriate line on both ¢opies of the form. : ;

3. Sign and date the. form.

< Please return the completed’ form to the’ CWCP Pistrict Office address noted at the.

_ top right side of the form within 30- — DO NOT SENO THE FORHS’-‘TO THE SOCTAL . :

seameeeecaial OMINISTRATION, - i .

Sincerely,

James Bridges :

"Supervisory Claims Pxaminer

Enclosure (s) : SSA-561

. CA0935-FO-CA935

ADD CA0935-0702

: Ceking i “OF ay ’s Work de

ieee Te eg hes aS ee D2) Csptato kidd Aieawe

ae at Ser See rege era omen el erecaires ceeded =

- oe 5 Vehyepoes soe ere age ee! . Naweanbez. 23 2, ia

Pierre rie ee oh Pie a ape Tiighiar* (ot) 228-248.3 ox

ae | ne Man anes 3c "Fle Nubia i O62O8ESED

; ‘a pic, Pere ahs 5, han ae «Olt Eh asta.

<i il teDipeclnac et Laban, a OREN as ‘Ss ww @ Mh OC eter ab tans

id Fe dere! Erployee's Coimprasibies = Disbetcké regres app fe ac a ma S

— pee Box 8300, Attn: Ms. Maatha lariltee, Llains. Examines aera en Ge

3 hondan, ky. I er a ee

ree f Seong ip che ah ae ; we cy ~ : Zz At tk me pe

iE caicoenine fie Briidinnibinitt dias’ Videaihadaat Marden ot.

$2008, xX rig.eal ite “5p eat tly palot.. ond to the: 2k. Fardataye ees:

ae oe capil Pec. necedsidecetton was dated. March, z 72h, ie. Sliioss :

ia mycecenssdecabie request, Z. nszel ta bedllintie tha: Dek. thad T

4. Was told hoth. 1a. weithag. and vera ll, that there was no sella

yr tomplaymect ha any. May. ofbies, because, the Wage. hind: cevaked my,

w- Seeucity, clearnace. i ta: wetal Nailin. fen rye aye dente. Jeong, Supervisory

ne patnegrap beat, MS, Ana & Tones. Loe Mer: Also, Eneed te Lerfeives Det.

tha. howe. hee. adh see +e tile, Celmionl aberges against the. Navy ”

wits the Unt ted States Attorney General ty ofbieni ‘a Theva, Fleride,

‘TA you have any grertiane andlor Concerns, You rae reach’ me 7%

theabeve odloacs et tehahene nuceher, THANK od fen yous Hare.

od re Seat deca tion of 3 v “poevleush Filed rece nstdereb an — :

Bat Ft Soe ie meee pra ae

} rane :.

sd Clahi for Compénsation . .. en Adminisiraion ra *

om x lt Bs . Eapomes 8 © 1. gS

nt eee

_ Employee: Please complete alf boxes + +18 below. Do not complete shaded. areas,

Employing Agency (Supervisor-or Compensation Specialist): Complete shaded boxes 2. b. ind ¢.

Tae Sm AS

Briere 1a: ie Wale ae =o ESE Tos egnee Nenagh ao ae Seurtee: ERIE SS anh a

—F-R . 5 Sye0 Aad . —. * ; 7 : i - ~

"Schin I tt, Hacry I, + ae Ae _ . 26535-4932

“3. Dale of birth -* w.- . . 5€ - 15. Home telephone» CUS rea

| . 6a) ‘| Male ne ee

Fs Employees home miciing eddress 6. Dependents

659 Dixon Blvd. Apt’ *228 ; a. Ville;

Cocos Flacida 9292 es ‘ és eo om ae Doane

yee's ccopaion E

aS Electronics: vErenes ; : Ne is

1S a TRE aod a: 14 first became

Naval Ordnance Test Unit, ones ‘ Bae .

_ FO Box 1628 Pee 0% 3 “a. way = Yh

ee 3¢ Canaveral Florida’ 52920 UZ LIE 1.005

* the ho, dase, Le our empyen yor cone realzatea

pot ge Spgravtied Or: 25 ots r ‘Retaliafien fr turniag ij jn nee Hone bata

5 r) a] £-Ma ‘} co

ren late Srmmased a ample} ec's 9 vern aa’ “ pndstadt tool fens Ayvautn

3 " on ca ed extreme ica

i Paw Ade ecg bed Baring f%e ad tha Lhd of canal ce stress aver the ah e

; ? ar pt 2020 | (ee : Aas: S.

Post Toa matic Stress Di. ane

—

SS a a HT RTS win 2 : oun

Bmplgee wasia command directed counseling fae job relabed! shresi sas 2h wet

16, a

‘

W. T tis eda Tapers raquesied to Wem Z of atached Wakuctons are nek sibintded wah Bis Rin, Glan reason fer delay. ’

“ .

‘Ee reer

EAA PIC YS: paid pile The : u i 7 Sas 2 z

18.1 Thess desctbed

ceri, wider penaly of kaw, Pali ee above was

| hereby dalm medical teabnent, ¢ @ needed, .and other beriefis provided by the Federal Employees'C

| ereby exthorize any physician of hospital person, Institution, corporation, or govemment agency) to furnish ;ény

desired infornation to the U.S. Department by oat pret ian, conoraton, goverment wo) Wo Rar

Tis sufatastion siee-pemis ety Sides eopratentatvn ot io Olin & exteino and fo eipy ery atenth-Sopcating J - .

Sigreature of ‘employes or. person acting on hisher betialf \

Have your sipertco compete th rece aiached lp ts form and etm you for your records...

Any person who knowingly makes any ne i pt OB OT "9 RR

BS penal by tee FECA of who knowingly 9c Ser spe wa fa pun et cas es cantare fo

: aS wel 3s (ciony ciminal progecuton and may. under appropriate cimminal pivisions, be punished by 2 fine or Imprisonmest oF both. es

Festa bya Sueretandei ct Coca, US. Goreme hg Oc 2 aac 2 Rev. Jan. 11

; ae

= ete _ ; et " pre410~

Claim for on twa 1 fo) 1 an oN 2 ee Le

e Bere. , s : : Office of ~ o** ratte sbectied

. &®@ Loave without pay a ga Ow Ba, Bano Goto Secton3 %

. & Bd Leave buy back “° Lives Gi No. Go bo Section 3, and Carpio Foam GA.7b

c. 7 etn digs oh as alee tency Ci Vee (ite - Ge fo Section 3 uty

night atte hisiiciistisrennatns U wiermitent compete Ferm O47,

40 Gtetdnheee disse Geteed , _ .Time Analysis Shoe ; te

SECTION 3 (isco salec sence You lederal ib bred verve) nen en?

a Yes i Name nt ssl Be ;

Be Ws eee re _ , . oe

4} Dates Worked: Work:

+ Searing Is this tha fleet CA-7 ctalm for componsaiion you fave filed for ths lajury? ,

I Yeo pry eeepc there aro rea oc

‘| Oe’, ted wan UA Sareea arnahe aber total eae pea ey: ta Saget

(SECTIONS a. Was/Wil there be a clakn made against a Sed party? ~~ Bves Jno ~

cinco your lastCAT cae?

. at Yas — Camplote Sections § through 7oranew S119 to roftect change(a) -' " _C] Ne— Complete Section 7

SECTIONS. wiiacmern: ~~ ed * Uving with you? :

. : * Seclal Security Date! itn Abtationship Yos No m

: ; ~——— 1.0 For

sipreesteciandees a 0 0 Mrowth jeu,

re l f. . » a ‘QO Roms @ and b below,

& Arearouesing seven paysiata tars Gapendont chown ot (ves C1 No 4 Yos, support payments-are made to: 3

Thome : Assesg : ' Gy “Sass DPGeae

y db: Wore payments sedored a deur? Olves Ono. Ys atch yt ot oe

ro Dana Me Fao

S. SS Le

Yes Claim Numibor’ en |Amount of Monthly Payment Raa Sn a PE So

a ee .

, are? Ine maida compenanion bens ob Hy socal sa ao h Rees

dapat an

United Eee ult ora preted aoe mw tn von ate any aL

Any shasian knowlngly makés ary false statement, acs compercasee are ak any ar ato i to obtain

lion @s provided the FECA. os who knowingly accepts compensa

a vac espa casey bpd tolony eriinal prosecition and may under eee et

E “Imprisonment, or both, — sioner cheat ae

Ss subject fo civ or

brane

CPt a ae oe PMB ae rn

pasate = See St Tap tae

few CA?

Recon 1990

Time Analysis Form’ WE

US. Departmer( Labor .

Us, Dep Stand: Administration 3 }

Otiee ee Compensation baad a: : *

Employee Staternent — Please carefully read instcuctions on reverse before fing out this orm,

CHMZ

From: OF.

1, Name of Employee: (Last, First, Mid)

ARRY MICHAEL

4. Period Covered by This Form:

7 46 1 2004,

ter!_40 1 O81 2004 for Leave Buybacks 292

2. SSN aes 3. “OWG? Filo Number.

| 26595-4432. 062048358 4.0080D-D-Ar

§.- Total HoursClaimed

jor LWOP: 232

3. in “ype of Leave Used" column, use codes = = Sick, "A= Anon, ‘On Other. tf compensation " claimed for

_ date-Indicate Rowh in "Compensation Claimed* column. -

a, . Number of Hours’ "E-Type of eae: can ae a

ae Dalaman ar — Leave Reason for Leave Use/Remarks

Date(s) Claimed? |LWOP|Worked| Hol leave] Used:|. —_(e.g:; docto? visit, therapy, ete.) -

rete-Aupteed YES --1238|-0 | |: | Di Healt

wy.26-Oots 06} VES. -. fo Le tetel £

Picardee Ce ee

. ers s July 7002

Signaiure 6f Claimant ie Date sighed Rees,

*. Agency StatemenUCertification: | cei the above fs accurate, seal as foliows:

-Signaiura of agency Official

\. Name of Employee: —~ ; ar ry ‘

. e “i - i ° 4 : 7 .

Last . ; First : NE . eel +B. .GQ... Phle. No.

te social ‘Sec. No» 265-395-1452. . ig) 8 }

os Aan, for which omprneaniqe io‘claimed to repurchase leave:

teen ae. T4010 jos”

- 8

Rea ce tae nnn ewe ween een ce eentes eee eee ce Pee en me pene wee ennn ween

. ‘ageucr ESTIMATE OF PECA ENTITLEMENT:

_ A. WEBRLY BASE PAYRATE Gaetan overtine) . se Oi Ml Re

° Date of Injury ee — i $. .

9. Date af Recurrence we all $

Enter the greatest amount é ‘the ‘effective Samos! 1.

* date of that amount on line -i

¢ “ “4 ; (ets. Gates

B.. ADDITIONS TO BASE PAY: | If mie ‘works a eaghler- echedule, state the amount earned

ekly: If irregular echedule, state amount qheme 1 year prior te date entered on line 1.+

oR. . R : ‘ ‘ :

9 ‘Night pifferential. ret pas Pas yk oe ; “te =o ea

<<. -gubsiintance/oyarters ; SF ole Dilasasiabinin: a eth

° “eae tepecity) | .: ak. 7 ; , ;

c. TOTAL WERKLY enna ind Lines L thru 3) eae

D. connie RATE (cirere either on or 3a) 2. 2/3 3/4

By SCUTAL HOURS. CLAIMED’ OW tavte 8, ae

F. “TOTAL ‘HOURS WORKED ‘PER WEEK

©: PGRMDLA “(FOR PECK ENTITLEMENT) :

. x a r OP a oe ee rc

ly Payrate ~ - (Comp Rate - (irs - see (kre Wkd/wk - : Ey ey

2 bine’ she see line 7) ~ line 8): see line 3)

o- “—Paed3 Aa ‘ wane :

an a) a

oasis wharwk wo ews 1g & . wer Zot

us a : we " 5 . ‘s : _ . ®

. m e e i +” 5 %

u. Agency Cevtifention:

1 $4,543.69. °

H. Tot Ammoynt Due eiindied te Repurchase Leave a 1

|. Estimate of FECA Entittement me! i2__ $3,748.43 -

J. Balatice Due Agency From apis anit H mintis Line ti) % ses a $765.26

' hereby city tat above is ooateteni with agency payroll records.

- The employing agency agrees to allow the employes to repurchase hishher leave. Leave records will te, or have tem

— changed from “Léave with Pay" ta Laewe without Pay* for the period shown on the leave‘analysis.- he

t further certify that.if this claim Is signed by the empicyee, the employee has mode arrangements to pay the agency the

- balance between the:tolal amount the agency requires to recredit leave and the amount of the FECA entitlement.

Pseleag Le liionud) SUPERVISOR CIVILIAN PAY

{Signature of Agency : ;

Phone RS, 043) 746-9592 ete Oe ‘Dale Signed: . 13-Jan-03

z Employing Agency Rédress for Check: "DFAS-CLEVELEND (DSSN 8522)

OFAS-CLEVELAND CENTER,

P.O. BOX 998010

_ SLEVELAND OHIO 44199

MM. Efaployee Claim:

K t hereby elect not to repurchase the leave used at this time.

a. X om t hereby elect FECA compensation to repurchase leave used sor medical care or disability resulting veal

eS, my job-related Injury or condition. : , ;

i 7 understand that lam responsible for paying my agency the Aianien belween the FECA enlitement and

ee : the amount my agency requbes to restore my feava, Saad have.done or made arrangements far this.

i understand that tt my actual entitlement 16 FECA compensation !s within 10% of the amount estimated

above; OWCP wil process the leave buy back. If the payrate in the worksheet above ts within 10%

_ ofthe payrate determined by FECA, and fess than the full period claimed is approved, OWCP. will process

_ payments for the ‘@pproved perod. . .

. fe — 23 Tap vary 200

(Sigtdture of Claimant) Soe E “% scale; {Da perenedy’

Page 2°

Ce Se

Morch 11, 2003

- FROM: DFAS, CHARLESTON OPLOC, cove PBA, CHARLESTON, sc

~TO:; Harry M. Schmitt __ + 265-35-4432

650 Dixoa Bivd: Apt 222 — ‘ ae, Bick

cs Cocoa, FL 32922-7$42

‘ suas owcp LEAVE BUY BACK

: This office has received a check-from the Office of Worker's Compensation ew in partial *

: ‘settlement of your request to repurchase leave. :The action i is detailed as follows: .

PRIOR YEAR RECOVERY AMOUNT. RECEIVER BY EMPLOYEE FOR THE LEAVE

PERIOD TO BE REPAID:

NET -*- . : $3329.79

_ FEDERAL TAX or "$82.46

HEALTH BENEFITS — $0.42:

OTHER (BOND $200.00, FEHB DEBT $50.42, FEGLI OPT AS. 60) 251.02

TOTAL AMOUNT DUE FOR REPAYMENT: ear $4813.69

ower PAYMENT: ene ae j - ; $3758.74

EMPLOYEE AMOUNT DUE: A Sense

‘ LEAVE ADJUSTMENTS:

- ANNUAL . =45,00 HOURS.

. SICK +182.00 HOURS

Please prepare a check or money order made pigeble to DFAS-CL DSSN $522 in the amount of

$754.95 and send to DEFENSE FINANCE & ACCOUNTING | SERVICE, CLEVELAND CENTER,

P O BOX 998010, CLEVELAND, OH 44199. [f. you are unadle to pay Uie full amount, you may elect to

have payments made by payroll deduction, the minimum amount is $25.00 per pay period. We must have a

statemeat from you expressing that request. The following memorandum is'attached for your use. If

payments are requested for leave which was used in the current pay year, the repayment must be eas .

by the end of the current pay anal to adjust your taxable wages and taxes waned

if you do not either establish a payment schedule or pay your share within 30 days from the date of

this memorandum, our attics will return the checkto the Office of Worker's Compensation for cancellation.

if we can be aon assistance to you, u, please contact Todd Beach at DSN 483-6522, commercial

3) 746-6522.

PAM ADMIRAL .

CIVILIAN PAYROLL SUPERVISOR

(DFAS-CH/P)

MEMORANDUM — LEAVE BUY BACK

EMPLOYER'S NAME: Harry M. Schmitt SSN: 265-35-4432

DATES OF LEAVE BUY BACK CLAIM: 08-27-01 TO 09-28-01

I. I elect to pay S754. 95, my portign towards repurchase of my leave, in the following manner:

X _ Lumpsum. Please indicate payment is for a leave buy back

MAKE CHECK PAYALBE TO: DFAS-CL DSSN 8522:

Payroll deduction ~

Lelect to have payroll deduction in the antount of $_ (Minimum

om ' deduction is $25.00) each pay period uniit my balance is paid in full. Deductions to

stat upon seceigt of this form. cane wilt be restored when balance is paid i in full.

T clect'not to buy back my leave.

Signature

; Daytlme Phone Number 924-647-7448

- Date 28 March 2002

Database: ZGT East Pay Block: 300

Mail check to: DFAS, Cleveland Center

_ POBox 998010

Cleveland, Ohio 44199

Sule, ae ae PA-46 ©

Office of Counsel

Strategic Systems Programs

Nebraska Avenue Complex

Somers Court NV¥, Su)?

Washington, BC 20

FAX: (202) 764-2100

Louise vitaleassp.navy.mil

a Archibatd Thomas - From: Louise Vitale.

Fax: * (904) 398-3271 - “___:Paues: 14 plus cover is

row (904) 396-2322, nate: February 10, 2003 . ae

Re: Mr. Schmitt _ | se

* CUrgent Fer Review. €j Please Comment’ C] Piensa Rapty C1 Please Recycle

id Comments:

Me, Thomas, aaa ES |

Attached is Mr. Schinitt’s statement. Ms: Townes instructed the

' other witnesses to make one line through the changes and initiat

any changes or insertions. .. | ,

Regards. .

' Louise Vitale

DEPARTMENT OF THE NAVY.

ee HEADQUARTERS *

NAVAL CRIMINAL INVESTIGATIVE SERVICE

716 Sjcaro Srreet SE Sutre 2000

WASHINGTON Navy YARD DC 20386-5360 -

$211 P03-0705 ©

SEROOJF/4U0100 |

FEB -3 204

Mrs Harty M: Schmitt ne

650 Dixon. Blvd,, Apt. “#22B ape Oh

Cocoa; FL 32922-7542 ie

Dear Mr. Schmitt:

We have completed processing your Privacy Act (PA) request, which

_was referred to us by the Department of the Navy, Central :

Adjudication Facility (DONCAF), alona. with documents*held by the:

‘(DONCAF) pertaining. to you. Ba ce a

All of the DONCAF information has been processed’ and is provided.”

to you in..total under the ‘provisions of the PA, S U.S.C. $3528. “

Some of the information held by the DONCAF. was originated and |

provided by the: Defénse Security Service, Privacy Act Branch, 601

10" Street, Suite, 128, Ft.-Meade, MD. 20755-5134 and the °

Department of the Navy, Naval Ordnance Tést Unit, Cape Canaveral,

FL 32920-1623. Because we do not have'the authority to release

information other than ‘our Own, we have referred:documents to

‘those, agencies for processing and’ direct response’ to you.

Lf youhave any questions, please do ‘not hesitate to contact our

office at (202) 433-9250. | oat ; aa $

Sincerely;.. ee a + are:

Ss ea Oe a

WORM. “RIDDLE Se

Information.and Poon eh

Privacy Coordinator™'.". ss Ae Hes

‘ iy ) a

ae” ; . x : a)

eee Aas

re 7 SR RS eee Form Exempt Under 44U.S.C. 3612

. : 4 FORFLRAUSEOMY

[om AT-CA-05-0398

oueree 7/25/05

. UNITEO STATES OF AMERICA

_ FEDERAL LABOR RELATIONS AUTHORITY

CHARGE AGAINST AN AGENCY. ° -

: io ee : : 2. Charging Party (Labor Organization wcingietdaad :

‘|wame:: Naval Ordnance Test Unit... ~|same: Hay M. Schmitt (Mike)

) fmt 720 Conta Be Beet

ere SoBS 6 Eos. 234~ bed

foe (QD 929-2253

3: Charged Activity or Agency Contact Information 4. Chatging Party Contactinformation =.

Name: Mg, Loulse Vitule, SPLe ~12, ofrced Consel\ are. Apchibald J. Thomas, ZE (Attorney)

Title: Navy Aitenney, Stroteyle Systems Pegroms | Te: Atherae A Lounselor at LawlFerserel As

Address: Nébna tka Mobive re cg 287 Somers Court Hig, M*ESS SA eee ere L Suite 4£40

1 reise 8" haa Rat MeSr eae 9.6 20893-S' rai: GOH SE oo et E1207

ax: = : Fi a. * she :

5. Which subsection(s) of § U.S.C, 7416{a} do you belave have been violated? (See reverse] (i) ang

@. Tet exacily WHAT the actiily (or agercy) did, Start wih fhe OATE and LOCATION, state WHO was invelved, indeding ities,

a a) Révoked my. Security C leavaa, ro80 ecofiig with Naval Ordanace TestUnitls|>

| Captain Adgelika Evangelisty Second Inspector Gentralassignad to javest gate.

: impreper use of Go vern ment Fg ul lpmenten Fthrwar. AZ, 2002 at Cape Cinaverat

Air Force Hattin, Flerida. Pecsens lavelved Captain Willig 4. Borger usn, |

“ . COR Hews fi (titer, USN, CDR George B, Mac Ewen, us i op fs eg |

See Stevens; USA pal an B, Jones, Nora's Ethics Hhcer, aad” Taiyce k Hert] Thinley

j b} Revoked ny Se curity Clearance Por ceoperating with Ms.B ernite S. i , “|

| Department et Derease Lavestig ater. (wore Affidartt and 08clarertion 48 fh, ¥03)

c)-L haol alreaely previous ly cooperated filly with Naval Ordaacee Test Unit's |.

. first Las pecteor General, Cagtain Thomas, USN, on November 6;. 2004 at

"+ Cape Canevere / Air fares Staten, Florida ty the Naval Ordnance Test Unit's

+ Command Mastin Chief's afFice, £18 Building across street Przin Naval Cin),

[+ Test Units Heaelguartens Buildingat Cupe Canaveral Ale Fyive Stictien Flactaa..

ay Navy Attorney, Ms, Louise Vitule , SPle-12,, coerce atalse Swom stuferment atet a

7 as, Mi lugres Vasquez, . | Eg vel Emplaymet OFF cer, at Naval Ale bhirfare |

: Center, Tralaiag Systems IVA Slon , Arlanda , Flaricde gn April-7, 2005, i dey

J 7- Have you or anyone else raised this matter in any She: procedure? Ke Yes - Wfyes, where? [see overnel EEOC OPO ARPA DBC j

8: | QECLARE.THAT ! HAVE READ THIS.CHARGE AND THAT THE STATEMENTS IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE AND

‘| BELIEF, | UNDERSTAND THAT MAXING WILLFULLY FALSE STATEMENTS CAN BE PUNISHED GY FINE ANO IMPRISONMENT, {8 U.S.C.

| 2004. Tits CHARGE WAS SERVED ON THE PERSON IDENTIFIED IN BOX 83 BY {check "x box GJ Fax (_] tstctass Mad [J] inPerson

ded - . 22 Tulyr0a5. |.

<i Oats es

tinal =

PaA-19 a : . : FLRA Ferme 22 (Rev. 1/99)

ere

DEPARTM ENT OF THE NAVY

“STRATEGIC SYSTEMS PROORAMS |

; NEBRASKA AVENUE’COMPLEK -

287 Somers Count NW Suite 10041

WASHINGTON OC 20393-5446

Ik REPLY REFER Fo:

2 March 2004

Ser. O17 ‘

SPLe-12

Harry M. Schmitt

650 Dixon Blvd.

Apt. #22B

ae PL 32922-7542

RE: Request: ‘for —e

Dear Mr. Schmitt:

On 5 March 2003 you submitted a Request for Récords to the Department of the Navy

Central Adjudication Facility (OONCAF). DONCAF forwarded the requested records to

- . the Naval Ordnance Test Unit chads on 3 Febniaty 2004. Enclosed please find the

— records.

Regurda,” tate

Louise Vitale

Associate Counsel

. ea

PAr20

DEPARTMENT OF THE NAVY

’ NAVAL AIR SYSTEMS COMMAND °

RAOM VALULAM A. MOFFETY BUILOING

47923 BUSE ROAD; KLOG 2272 . 4

PATUXENT RIVER, MARYLAND 20070-3547. . annrauare

“ : 12713

* AIR-7. 3. 4/05- ~032

duly 8, 2005

Mr. Harry M: Schmitt

'-7211 Captain Kidd Avenue

Sarasota, FL 34231-4718

Dear ur. Schmitt:

". This letter éoknewbattaien snindan of. your package to. the

Naval Air Systems Command (NAVAIR) Commdnd Equal Employment

- Opportunity (EEO) Office, dated June’ 20, 2005. Please be

advised that any further documentation related to your case

‘should be forwarded.to: Department 6f the Navy,. Strategic

Systems Program, Office of the General Counsel,. P.O. Box 5769,

Washington; D.C. 20016-1369. Ms. Louise Vitali, ‘is the.

attorney assigned to your case. She has also informed us that.

she has received. a copy of the. | apeaeas] you ‘sent to the NAVAIR .

. Command EEO Office. -

. Ms. Vitali has also intbuntiad: us: -that your appeal is

; currently awaiting a@ decision from the Equal. Employment:

Opportunity Commission's ‘Office of Federal Operations: You

‘should contact Ms. Louise Vitali, General Counsel; on (202)764-~".

2007, if wen, need furcher assistance.

Sincerely,

MARTHA KIMBRO.

Deputy EZO Officer

‘-NAVAIR Systems Command

; wee - RA-24.-

“Dear Mr. Schmitt:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

- Office of Federal Operations © aa

P.O. Box. 19848

Washington, D.C. 20036

Mar 22, 2005

Harry ‘M Schmitt Docket # ': 0253006

7214 Capt. Kidd Ave - , Agency #1: 9262841002

Sarasota, FL 34231-4716 ~ . Agency #2: 0262641001:

ce :; . ; Agency #3:

‘Filed © : 032105 ?

This Commission’ acknowledges receipt of your appeal. on. the date indicated.

Any statement or brief in-support of your appeal must be submitted to the

Commission as well as to the agency within 30 days of filing the notice of

_appeal.- The Commission will-accept statements or briefs in support of an

appeal by facsimile transmittal (Fax number 202-663-7022) provided they are

no. more than ten.(10) pages long. You are reminded: that it is your ..

responsibility’to ensure that the agency receives a copy of any. material

you submit to this.office.. You shou d'reférence the above docket number in

all submissions and correspgndence to the Conmission.

You will be notified by first ‘class. mail as soon as.a decision is reached

_on. your appeal. “You are.: responsible for providing: the. Commission with

notice of amy change-of address. The. Commission: will terminate the

processing of your apptal if you file a civil action, in ‘accordance with

‘29-CFR 1614,409.

’ The Commission's. appellate xegulations are found'in Title 29, Code. of

‘aderal Regulations, Part 1614 and at 64 Federal Register 37644 (1999). The

. xegulations are. available .on the-Internet on EEOC's Home Page: WHW.EBOC.gov.

- You are urged to review these regulations.

| Tete Bhat —

Robert J. G@arnhart, Director

Compliance and Control Division

Office of Federal Operations

@ 2 pele {3

———e

re Silas Zh eat ich 10 Fax No: (788) bod O68.

a RAE ee PRIORITY 3 goa URGENT

Ree SPLE-4 7 Se

3 : by et ae VC _REGULAR

wenn eee mee. See ; eae "

QO PAGES TO FOLLOW

(2443 923- aan :

SSAGE: _ ATTN: Ms, tale

: Ms. Louise Vitale:

L am honored by jou tobe Novus first byeckno eed db

employee. THANK You} 620 BLESS You!. Take Care. ,

C6: 4.8. President George W, Bush

. Senater B} N Nelgon

Direc: or NGZS, Dirrater. ocxr$

Director DON CAF: :

President PSAB

CNo (DNS-36}.

CNo NOIN2Z

CNoO N6 :

: Co ‘Notu, XO . '

; Ar. Archi bald J. 7 —_—

Dr. Scott Parmesly

‘Or. Markl, Brug

‘Dr. ‘Cathy F F. Milam

Di. Tulia A. Larkin

Ms, ee eae LPN, L. Mm. Tw, CT.

M&S. Linda Enickgen Le.

Ms, Aon B. Jones, Nove ‘s cS.W., a iy 26. -_

‘PA-23

C Coe

Erst CANS GRouP

——_~——— of Sarasola —

Yous chiles fox sal hackh cove

‘September 18, 2001

. Robert. Blankenship, Ph.D.

Res Michael Schmitt;

Dear’ Pre Blankenship: 2

‘I examined. Michael Schmitt today. ne has conplekned of:

multiple medical problems and has been” treated. with

apparent efficacy at this point. He —— overweight

but otherwise ‘is in good’ health. :

~ would expect he will ‘neod £6liow- -up from time to time -

to address. recurrence of his prostatitis or other acute

complaints 'as. they occur. He is continuing to follow-up ‘:

with Linda Brickson for management of his posttraumatic -

Stress disorder.

sincerél 3

Mark H. Brus, M,D.~

"se /apb

My ‘hidiee kid jecveansaihal te me Colon My dee theraphy with Mt. NarmaE, Davis

faoily Practice Associate . gad geakin ry hemerchstdt which are know te giplede in posal, Spa warm aca “ith

heh indo by fom and ie and hack jett (preferably chothet fe ee. tubs)...

guy mas

pnt) 922-100 fax

Wr re PEPE bn heat i Saat Morar Het Cam, Pee PA=24- C)

HARRY M SCHMITT

CYPRESS COVE.

156402 P1039081 FANR

Scrviag Family Sociol Nulté Rezreatton Since 1931.

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PRIN CUPLES ;

We recognize... be .

the essential whelesomencss of the human body and that life is enhanced by

the patorainess of social mudi . Prom exercise to relaxation, physical health =”

~ and mental well being are ¢ Unough social nude recreation. We have 3

the sighs to practice social nudity in settings, provided we donot,

. infringe on the rights of others: . 4 :

; Signature:

, 00/TRY-NUDE :

4703 N, Main St Kisstrronoe, FL 34744-3396

. AV. rea

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4-421 600-654.2200

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thes Anshibeld TI . : . .

PRIORITY : X__uRGENt

ae erarame mea TE

_ LEPHONE:. 904~ 394~ 22922 teats

ON: AL Ke Sohmctt a i ae hdl va

abe 929-9269 "= PAGES TO FOLLOW

SSAGE: = ATTN: __ Digna: _

Please file my Appeal of Ha Atlente Merit 5 bcedions ete :

Board's Decislon with the Washington; oc Mertt-Syelane Ar tect,

Board bafvore fhe. Fthrwen, af 20026. OandLine : THANK You Yon

St n cere /

Ay beezghov. Sletrlonida)

, ; Heng Sehnineloikey .

@ A Tha pashayin im. daltverci? ‘ta Pha Inspector General b0D;

os wakes, the — Na, Admiral Mullen for inicashigiotion,

PA=27

ATE: to Fax No:_ 904-398-2274

iQ:- Me. Archibald J Thomas 2TE bo i cal ane

_Attorney at Law. Se ke URGENT

\TTENTION:_Diane:=Passte Me, Thomas Navy Camphigat List {ee

ELEPHONE:_ 904-996-2322 oetitied _._X.._REGULAR

RON:__Mirke Schott eaue . ee

944-929-2263 : O_PAGES T0-FOLLOW

ESSAGE: ATTN: Diane, Re Char

4) Medica Privacy Aét Vielation Compliont

2).Un Fair Labor Practice Complaat :

9) Disertoination—Sex,-Male (Probibited Action) 7

#) Reprisal Disability - Protected EEO Activity Canplinat |

5) Coercion of Ethies Officer, NotTu, Cape Canaveral; FL—Citison'’s Com

¢)\Coéréion of Deputy EE0.0Pbicen, NAWC TSO, Orlande, FL~Cites Cn

1) Dissatified with EEO Process Compliaat'~ Adverse Action, 00D IG Come

oF | ro : © | ey

EXPERIENCE

- Harry M. Schmitt

7211 Captain Kidd Avenue

Sarasota, FL 34231

(941) 923-2253

A mid-level electrical engineering responsibility with the opportunity to advance toa

_ Senlor-level assignment. Key areas of interest include electronic warfare systems, radar

: agai: — electronic systems, satellite, telecodamanications and power eystems:.

Electronics Engineer. Have supervised up to S Blectronics Engineers and Technicians.

Originate NAVAIRSYSCOM AIRTASK/Work Unit proposals for avioni¢s systems

aad assure that outlined requirements are technically reasonable arid cante —

accomplished by requested dates. Proposals are assigned by section head for ~

cognizant NAVAIRSYSCOM engineers.

Write general and deiailed systems test plans inchuding cost analyses eitin .

methods used and procedures outlined will aateaaas — data — prosecution -

’ af projects, i

Conduct evaluations of EW systems that _ interface with complex systems Also

analyze data and document results. ~

: Prepare interim aid final project reports and ascertain that all engincering

information supplied from assisting sections, branches, directorate; and activities j is:

pertinent to the evaluation and that conclusions and recommendations are based on

: ‘technical data that is valid and Teasonable.

Provide technical assistance and advice to other Navy, D:O.D., and contractor

development agencies/activities during research, development, wad engineering tests, ~ .

a and demonstrations on aircraft.

Serve as NAVAIRWARCENACDIV technical specialist in’ the areas of aircraft BW

systems test and data analyses, system operational maintainability and supportability *

requirements, and government furnished 7 interfaces with — under

evaluation. .

Develop geoene) and detailed Electronic Combat EQ ontem employment concepts.

The concepts are reviewed to ensure accuracy and are documentediin the system.

handbook. The handtiook is released concurrent to USAF fold activities with ©

‘software block cycle updates,

Evaluate threat contenant eubomemment ii to ALQ-99 & HARM RTS

mission settings to more effectively counter enemy radat systems in support of -

USAF electronic warfare integrated anime ae program. Asoures EC

cranes i nian levels.

PA-29-

hetpeeanrmeeeene pees nate cst enter ot yA om

” Harry M. Schmitt

Page 2

EDUCATION —

‘SPECIALIZED

TRAINING ~

AWARDS

PUBLICATIONS

AFFILIATIONS

. "Prepare test ie and final reports including schedules, trip reports, and associated

correspondence. Coordinate test plans and reports through chain of command for”

release signature of AWFC Commander. Assist with preparation and _— of -

AWEFC technical publications.

« Develop comprehensive KC system test objectives and sates technical direction. to :

test team. Participate in operational tests as required. Tests are conducted and

results documented [AW AFI 99-101 @iTRE), 102 — 103 (TRE Proc), 104

(Arm/Muni Test Proc) and 112 (EW T&E Proc).

* Provide fielding eincinanietnte to higher hendiegaster (HHQ) based onoutcome -~

of testing for new hardware and/or software changes LAW test — guidelines and

asic suspenses. ;

Post Masters in Electricai Engineering, University of South Florida, 1996,

_ Major Area of Research Study: Wireless Systems & Antenna and Biectromagnetes

Minor Area of Research Study: Electrical Power Systems

Additional: Major Course Work focuses on operating principles, design and evaluation

of RF., microwave, millimeter & sub-millimeter. wave systems and their overall impact

on system performance, as well as, advanced antenna and electromagnetic theory, oe

computational electromagnetics, and mathematical description of wave propegstion.

Master of Science in Electrical Baginéering, University of South Florida, 1995,

Major Area of Study: Microwave & Electrical Power ‘Systems - .

Bachelor of Scierice i in Electrical Engineering, University of South Florida, 1986,

Major: Electroniés Analysis & Power Systems

Electronic Wartare Systems, Radar Systems and Technology, Optical Electronics, Fiber

’ Optics Systems, Power Systems, and Telecommunications. :

Blectronic Warfaré Systems: Technical & Operational Aspects, GWU, Jan 1987

Radar Systems & Technology, George Washington University (GWU), bay 1987

Systems: Design of Testability, University of Florida, Dec 1996

Information Warfare Systems, 1 Air Force en Aug 1998

APDP T&E Level I Ceitificate, 24 Jun 1994.

APDP SPRDE, Level Lil Certificate, 15 May 1998 .

APDP Prograin Management, Level TI Certificate, } Jun 1998

cnubeinie ‘Awards received from 1988-1997,

3 Beneficial Suggestion Awards received in 1990, 1991 & 1996

4 technical reports & 1 tactics manual (classified) published by Department of Defense.”

“The Florida Engineering Society, The National Society of Professional Bsigineers,

I BEE. & The Association of Old Crows (An EW Association).

. ‘ {

PA-30

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as . 0 4 Be pare Se : ta ui 2 ees ee ae: te

be ‘ ie he ;

‘Schmitt, Mike Fates Se eae =

_ From: - ; Stevens, Mark LCDR" ee.. ne

Sent:- Tuesday, January.23, 2001 735. AM

To: :. War jedoonef, dec Jack es Loyd Diehl; Mike Schmitt; Nancy Blount. Keys Walt sri

.Wa e Quinn

Subject: wh a NOTU New Computer User Agreement forin ..» :

- glial Messeae: =: -

. From: sce Seorgs COR t 304M

Sent: Heade 1

To: SPP Oept Heads Q

Cc: SPP Front Office :

- Subject: mex New. Compusey, User "Agreement form =

ser, coer pots ' Lwou'd like Dept. Heads fo review wikis their vicionnet the User cAgiesmeit Form attached. This :

form specifies aéceptable and unacceptable uses of NOTU'S work computers. { am concemed that outside activilies, wha

‘are not aware of.our-use requirements, may be sending-unnacceplabie material to qur. computers, . i realize you may nat

know someone Is seriding someting inapprepriale until after It has been opened, however, you and your p need to°

get the word out to’ — offenders o _— Please take es action to- ensure proper use rl our LAN and

computers. RIGBM X

"SPP USER AGREEMENT

— Commanders and commanding officers have the aytharity to-control or fimit the use of *

government Information resources for purooses of security, morale, order and discipline as.

_ needed fo promote ihe efficiencies of their command. The commanding officer could authorize

- ” @ system administrator to block access fo specific sites, limit Intemet access due td resource * .

canstraints, closely monilor any individual's access to information resources, or revoke an

individual's access and use‘of government resources altogether.

Fleet personnel -- military and clvillan — are encouraged to use thelr government computers to

, access the Internet and develop their information skills provided that'use is of a reesonable

. '+ duration and frequency, and, whenever possible, mage during personal time. ae

AQ users are required to challenge all strangers ‘and non-badge personne! attempting to use any

system, - she . : ; Baa ae ar

Pormissibie uses are defined to include all uses not prohibited by taw,.regulation, instruction or

command policy. Prohibited uses Include, but are not limited to, the following: ” os oe

4.- All users are required to know the security leve) of data (Ie: Unciasstfied, Confidential,

. Secret; ete.) which can be processed on each machine. [a : .

2. ‘Accessing, storing, processing, displaying, distributing, transmitting or viewing material that .

. 's pomographic, racist or subversive In nature. This Includes any material which promotes

hate crimes or which would cause embarrassment fo the command or otherwise is adverse |

_ to its Interests. .. is BS ing Pi aan Reis tie, Seles

_3. Accessing, storing, processing or distributing classified, proprietary, sensitive, “for official

_ use only” or Privacy Act protected Information in:violation of established security and

* information release policies. aS WES or See lea

4. Obtaining, installing, copying, pasting, transferring or using software or other materials ‘

‘ - obtained in violation of any patent, copyright, trade secret or license agreement: Any -.

software brought into the command must be checked and authorized for use by the NOTU ~

MIS Biviston prior to installation. Sofware must be virus scanned before foading.on any .

- machine In the-command. The Federal Copyright Act of 1976 prohibits duplication of.

1°. copyrighted software, except as specifically permitted by the manufacturer. Copyrighted

' “software is designated by the appropriate symbol © or by the word.“Copyright”. Violation of

the Copyright Act of 1976 is a Federal offense prosecutable under Federaliaw. . .

5. Using the system for personal financial gain; with the exception of.utilizing a command.

approved mectianism such as a welfare: | Fecreation' electronic bulletin board-for —

‘advertising personal Items for sale. Examples of prohibited activily include the following:

a. Fund ralsing activities, either for profit or nonprofit, unless the activity Is specifically

. approved by the command (e.g., m: ale welfare, recreation.car washes, etc.). ~

b. Gambling, watiering or piacing of any. bets. te Ee Re a

G , forwarding or paiticlpating In chain letters or virus hoaxes.

dé Posting | personal home pages.. : .

__ ‘The foregoing policy will directly improve the professional skills of our personnel, énhanc’

* productivity and, most Importantly, support ot mission by énsuring timely access to available

Any violation of these restrictions can resutt in disciplinary or administrative ection.

SPPCode: _- _:_ Neme:

Yeeeah: i hi CRS 30 ae ye a

ore CTR 090920)» No 4 signed the X's RGIS CONE

lauy av ia PA-32

"1 Ome + me

pe Pare

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_ Sent: + > Sunday, January 23, 2000 11:04AM lgneal spp 394, ¢ ages ana aeeaennaol

To: ‘spp331@aol.com’; Daniel Jadoonath; Jack Janes, 4 Sch - Nancy ‘Blount Keyser, Walt

ree . Smith?Mark Stevens; Richard Williamson <= *LCOR. Mark, vensIMn Dick Williamson

Subject: FW: Please follow me,;. Bomb technician graphic “. . bmp files atlached: Was my Supervit

~Leproper use of spp BBL code by my: supervisen, - fo er

Sent trom oy ances 's- home siesta Mark Shaves 5

; | became Ais new

=—-Original Message—— Supervl son whe,

From: - Vince, Bop LCDR GPP 20 Shop we

Sent: Friday, January 21, 2000 7:31 PM Formed Le,

of SA, A 30 oehap..

“Subject: -" Please follow mie... Bomb etna woh _.. bp files attached

ar : * 4 CWorker baing threaten sith

; ; a, bomb, Emproper matt

tor é —

>*: PAW39

Weary, Takes dienitt

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atk (821) P53- O6U We

Schmitt, Mike

From: ' Jones, B. Ann’ SOS he he

Sent: - -Wednesday, September 19, 2001 11:36 AM -

— > . SPPALLCIVILIANS |

Co: . . + “Windsor, Kim CWO2; Borger, William Cept

Subject’ ..: =" NEWEBO OFFICER yaar eas

Importance: ~~ High: ae

TO ALL FROM HRO, ORLANDO; -

*. Officer (D

|.am pleased to annourice-that Millie Vasquez has been selected as the Deputy Equal Employment Opportunity, ~

EEO) for NAWCTSD and sérviced organizations. Millte wilt re otto duty on 2480p 01. Ms. Vasquex Is

currenty a Humen Resources Director st Roosevelt Roads In Puerto Rico and ensivoexperience In the. .

EEO field. Her office js Room 4101A and Hor phone number Is x8946. ¥ if , i ‘ maton pr valle Pet, gest

Due to-the.recent departure of Miléred Fernandez, EEO Specialist, we have established an in rim process for: _

* obtaintrig’an EEO counselor. Ms. Regina Ouncan;-HRO, wilt serve asthe point of Contact.. If. you wish to obtain

an EEO counselor, please submit an email to Ms, Duncan, requesting assignment of a‘counselor from NAVAIR, A

. procediire Is being sot up, In coordination with NAVAIR, for reocipt of immediate EEO counseling services; This |

‘Deeses will be in plece until the recruitment of this Important position isfinalized, . - — ee .

- you. have any.questions, please feel free to contact me on x8114,

Sally A. Wagner

DirectorHRO...

EE Sy tec

12350 Research Parkway

Orlando, FL 3226-3

* Phono: (407) 380-8144 DSN 960-0114

* MHyou noed additlonal assistance, please contatt me or Jerome Davis at'3-1294, |

ANN JONES

. 8PP701

DSN: 467-1208 «st.

: COMM; 321-853-1205

RAT

; cena OF THE NAVY

COMMANDING OFFICER att lial

‘ NAVOROTESTU. saat

- POBOX1623

CAPE CANAVERAL FL 32920-1623

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SSNs IbS-3- +482 _ Gov't Ridges Cede: ¥. 212

Wark PAM? (324) 453-0694 Weck FAK #; (924) £53-3675

zs THAN k You tor your Hina, ath ention eat assighaee J da this regecit:

boon NEW Temporary PIN, Have a. NICE DAVIL!

“NAME: HARRY: MICHAEL ScHmrrr

SIN? 7 6 5-35-4432.

M supervisor asked me +0 werk with Ms. Anin B. Tones on- my electronic have oo

° f : statement and u$. Savings bond applications, During werk whth a

os rade these applications ,Z ws keal Ms. Tanet how hte Yaree was treating

her. and she respen if back ie ma that + if ware 4 olng te tire her and that the

woald ead op Ina a Wal Mart for my port! ny sepals Paracgeaply’ to hee,

fas yb ity

Cat ee mri

PA-38

Unda erfekse M, es at C |

7730 Bahle Vieta

Suite 108

me = Sarnsots, FL 34239

* Phony MI-O§T-1500-

Fax 941-952-9400

‘August 10, 2001

Mr. Robert Blankaship ' <

Leading Bdge Couiseling as

405 Pines of Warrick Drive

Chesapeake, Va.23322

Dear Mr-Blankashio, .

due (0 job related stress. Ti is my recommendation that he be on a paid leave of absence or workmans

compensation until October 1/2001, During that time be will be continuing with weekly counseliny sessions. If

can be of farther assistance, please coattct me, - et a eee

ThE XO was threatening te fice me bahice E evten refuened te work-on the

: government cellphone L had withme.. : Sincerely,’

* Linda K Brickson -

Mr. Harry M.Schinitt who goes by the name of Mike is currently in counseling for Post Traunatic Stress Disorder

: tinge ckson. Le : $3

2750 Bahia Viste

** Suite 208

Sarasota, FL 34239

Phone 941-951-1500

Fox 941-932-9409

August 28, 2001

_ MR Robeit Blankenship

. Leading Edge Counseling

405 Pines of Warrick Drive .

_ Chesapeake, Va. 23322

Dear Mr. Blankenship. D

Mr. Harty M. Schmitt bégan counseling for Post Traumatic Stress Disdrder on’ July 23, Dland. continues to do so on

_ cat least a weekly basis. "No mediction is indicated at this tima, He is suffering from high amdety, shortness of

» breath at Umes, racing ‘heart, poor appetite, problems getting to sloep~waking frequently-and waking carly

anxious, memory problems, problems staying focused, tightness in his chest, problems making decisions, low

“energy,and nightmares about scxual harassinent on the job.. Mike witnessed frequent sexually explicit jokes in the

~work place including meetings with outside contractors, a picture of a scantily clad woman on the wall of a

co-worker, and pomographic material on his computer sent to the co-worker who previgusly.had Mike's e-mail -

~ address. The pomdgraphic material was the last straw-and he- iramediately reported the situatin. He was.

: instructed by B. Ann Jones to not discuss the situation with sny ons on the job site. While she was out of town, his

supervisor met.with lim | demanding a detailed accountiug of the situation. When Mike told him he was instructed -

- by Ms, Jones not to discuss it, his supervisor became extecmely confrontative and threatening. Mike is suffering

from PTSD from this situation at work and the confrontative, Uireateuing treaumént by his supervisdr.: Therefore,

~ he should ‘de placed on paid leave of absence or workmans compensation He wag also told that his counseling *

_ Would de paid for by the employer, The earliest T would consider his retum to work is Oct, A. — but will make a

derision. closer to that time. Please contact me if I can be of further assistance. -

Sin rely,-

xy 20.

Linda K Erickson

fd ~ “ sans J . PA-40 ©

finda K Erlekson, Les d

‘

2750 Bahia Viste

Suite (08

. : Sarasota, FL 34239

Phone 942-951-1500

Fax 941.952.9400

MR. Robert Blankenship

Leading Edge Counseling

. 405 Pines of Warrick Drive

A Chesapeake, Va. 23322

Dear Mr, Blankenship,

August 28, 2001

Issues that need to be taken care of before Mike Schmitt's return to work arc as follows:

1) No pornographic pictures posted in the work place

2) No jokes of a sexual nature in the workplace

5) Not to report to the previous supervisor

* 3) No pomographic material on the computers in the workplace

4) No jokes of a sexual riaturé at meetings with outside contractors

&) No harassment or mention of this situation by co-workers on his return to work

C. C.

Schmitt, Miko

. From? - Schetzsle, Richard B. SKC. -

- Sent: ns Wednesday; December 05, 2001 10:32 AM

* Tee: : SPP ALL ae . vs

Subject: a For your Info

‘ Bete = . DECEMAER

SECNAVINST 5300.26 series makes clear that the prohibition. against sexual harasoment

may be enforced through punitive, disciplinary; or administrative action ‘under’

military or civilian systems, including punishment -for- violation of a lawful general

order under article 92(1) of the UCM.’ All personnel are responsible for treating each

other with mutual ‘respect and dignity: © This means fully and’ faithfully complying with

the Navy's policy of zero’ sexual harassment.. All’ DON personnel are: accountable for

their actions. The Command condemn an lands lek perten Fis He shas ofhss Supscvison, --

ie No goed seed goes unpwnithed In the gavernmert. .

SKC RichSchetusle’ -. .

Supply PDepartmant Lc

Command Managed Equal Opportunity Officer. ©

Naval Ordnance Test Unfit

653~-

32260

Le — aa. O

. ~

“ C ot . F . . 2 ;/

Civil Service engineers after the Cold War:

An examination of Job satisfaction factors

Mr, Mike Schinitt, SPP 212 |

in June 2001, you partlcipated i in a research study examining job satisfaction

; factors among the engineering personnel within the Strategic Systems Program,”

Thanks to your participation the study was fi inally completed. The results were

different than | would have genened, I have included a copy of the abstract for

your review.

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Schmitt, Mike

From: -. Stevens, Mark LCDR

Sent: Thursday, October 25, 2001 11:24.AM

To:. Dear tuk. Capps, Bev; Jadconath, Daniel; Jones, Jack; Heril; Joyce; O'Donnel, Ken ute: Dleht, Lloyd

. ’ mn Miko; Bfount- -Keyser, Nancy A; Gatlion, Peggy S.; Smith, Wait; Leach, Wayne

Subjoct: bite CHANGE TO APPOINTMENTS WITH THE SSP INSPECTOR GENERAL

~—— Original Message —

From: Bauer,MartinENS .

Sent: Wednesday, October 24, 2001 3 “42 PM

To: -+SPP Dept Heads °

Subject: FW: CHANGE To APPOINTMENTS WITH THE SSP INSPECTOR GENERAL .

‘Please nete the difference In the focation of inierviews and POC a the scheduling of appointments, this Is to

ensure the utmost of confidentiality to’our ee an at NOTU. This supercedes the previous E- /_ regarding this

ae VR, ENS Bauer

. Messago-—

From: —, Marin ENS

Sent: : Monday, oe =. 2001 41021 AM

bo yn "4

as 2

Subject: APPCINTAENTS ‘WITH THE SSP INSPECTOR GENERAL -

The SSP inspector General wll be available for personal Interviews during the §-9 November 2001 Command

inspection of NOTU.. Interviews Will be held inthe CMC's Office from oad 4400 on 6 Noversioer 2001* All

mil = personne ay discuss any ter ofp De: Sonal sconce ,o:e al

eas ae 3

schedifed d via the 6 esp. Inspection Coordinator, Ms Debbie Jo Foster, $P-41G @ @ D: N 764-1596 or or (202) 764-1596 Vir,

wine dprdlid <...: Schmitt's apovintmest time wiff, CAPT Thomas ! 09-00 heurs

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ae =

5-9§ November 2001

Schedule: of Events

Co Command Eres < STU |

5 Novernber 2001 ;

ce 0600 - 1700 Base Badge Office hours - ~ schédile to get badge by calling 221-862'a4se

_ 1300- 1500 $p- 01G Pick- “up &. Start evaluating omvy me :

, 1800- hear Inspection oares Meeting

F aio 6 November 2004 ”

0730- 0800 Inspection Team Meeting

0800 ~ +0830. In-Brief with NOTU

. : 0839 = 1530 IG Team conducts Mspection ;

‘ * 0900 - 1100 Personal iG Iriterviews with CAPT Thom omas (clic Office, NOTU ELB Bldg)

Xi, id tls appointment tine with CAPr T, amas ¢ OF 00 being

* 1300 — 1500 SP-01 review of SPO With LCDR Tucker .

"1890 4 600 Ie Team Meééting, pro: rovida completed fnotona ares write-ups. brief SP-04 .

on: complete or ‘tom areas | ey : -

‘7 November 2001,

0718-1530 IG Team Céntinues Inspectén “"

| » 1530 - 4600 IG Team Meeting; provide completed functional area witteupe, brief SP-

; ae on ees or problem areas.

8 November 2001

-: orth 1200. 1G.Team Mebting - inspection: complete - - provide completed functlonet

Waka area wntoipe brief SP-04 on Problem areas

ed 1300 - 1500 ic Team Wraps-up inspection and. completes repoit. sesh &

"1800 - 1600 Out-Brief Rt on re Oar a ae

SP Oe ROTTS Tea Ba Resa TE Phone (321) 853 - 1 ——

Inspection Team Aréa, NOTU Support Building, Conforenca & Room (second floor), Phone (321)

- 853:7980.~ Computers being Prepared for your use to retrieve email are located in NoTy Sp

a —_— Room 104. ¥5

‘

PRAT

Schmitt, Mike.

Ge:

Subject:

" Importance:”

Ms, White;

‘Per

In ae ,

SPPz12EMsl Tee

ra of Ev

Schmit Mike .

Thursday, November 15, po 7:22 AM

yineameonavelr -navy.mil’

Schmitt,

“E-Mail vane Line of Sivetie

» High

er your request, | am forwarding your office the subject filefor yourreview. THANK YOU for your lime and het

3 Very Respectfully,

. Mike Schmitt.

~ RF '& Elect. Py. Sys. En ngineer

Post MSEE, PA

‘3 | z pas - AD

SPP-212 EMAIL TIME LINE OF EVENTS

1. Mr. Mike Schmitt, then SPP-331, tums in inappropriate pomographic materials

_ detected in his B-Mail archives addressied {o his supervisor, Mr. Lloyd Dichl; to Ms.

~” Elizabeth Fischmann, NOTU’s ethics officer in Washington, DC on Janaary 16 & 17,

. 2001 deiring his lunch bréak. Ms, Fischmann advised Mr. Schmitt that he needed to

- inform his command, as well, about this inapprdpiiato matetial: : hy

2. Mr. Schmitt agonized over whether or mot to bring the pomographic materials to his _

sign the NEW command computer user agreement, and onc employee, Mr. Jack — .

. Jones, stated in the meeting to oyciyone that “someone must have found pornography

‘on their computer” to,everyone present in the staff conference including Mr. .- -

‘statement seriously during the staff conference. Mr. Schmitt’s supervisor decided to

. , Place the unsigned NEW Computer User Agreement form in the departinent's folder.

"__, Telative.. Proviously, Mr. Schunitt’s supervisor bad sent out to all bis associates an E a

Schmitt re-transmitted this SPPCOMCEN E-Mail Disciplitie'on March '14, 2001 at

10:38 AM to all the contractor associates he was working with on Various ~ ,

=” being bit in the groja by a golf ball hit off 4 tree by another man. Previously, —-

“Ac. « chmnitt and.other employces were shown ag animal cruelty cartoon by Mr. Lloyd. .

Heri,’ during a staff conference. Mr. Schmitt forwarded these subsequent :

inappropriats material to Ms. Ann Jones, NOTU’s unofficial ethics officer: -

PACHS: 7 - = #3 iat . | . ev

MEMORANDUM FOR DISTRIBUTION, 7

Subj: ANNUAL STANDARDS OF CONDUCT TRAINING PACKAGE

Ref: (u) DOD Joint Ethics Regulation, DOD Directive 5500.7-R, 30‘August 93, as -

- amended __ foe ‘ 5

t+ Your annual Standards of Conduct training is being conducted this year through a- | ,

. computer based training module, This year. both Confidential Financial Disclosure Form (OGE

450) filers and Public Fidancial Dis¢losuce Report (SF 278) filers, the Senior Executive Service

members and Flag officers, will be trained usitig an interactive computer training module that

was produced by the Department of Defense, Standards of Conduct Office.’ The training module

lists the DOD Standard of Conduct Office (SOCO) as the Ethics Counselor.. Your. ethics point:

of cotitactis Deon Berman, SSP Counsel, or myself.” When you are ready to start the training

- module, just click on the link attached below. The training should take approximately 40

minutes to complete. iS hfe a one

. 2.° Asan employees who is required to file an OGE 450,.you must review the attached -

"training materials by 15 December 2000 in order to comply with the snnual training

requirements of reference (a). Once you have completed the training module please click on

_ the box at.the end of tlie training module that says “everyone else email your. cthics

counselor”. Send your email to SPP701. Although this is.not “your ethics coiinselor’ Ann

Jones is your-local point of contact for ethics issues and she will be collecting the emails to-be :

sure each‘employee completes the training. If you will be unable to complete the training by15 ~~

December 2000, contact SPP70] at 31205 to request an éxtension.: If you have questions about

- the training materials or any standards of conduct issue, please give me a call at (202) 764-1684

or forward your questions to me vin e-mail. Pelee kes ae ; 7

Elizabeth Fischmann

Associate Counsel

‘SPLe-1

CLICK ON THB LINK BELOWTOBEGINTRAINING |... |:

hitpwww.ddefensetink mil/dodscldefense ethics/2000_ online yaining/cover.hiny

; O-- * RA-50. | ; O ‘ ; Patdatiee. 0%

. account, The email stated, “Just @ reminder. ‘My old email address.

($pP331@ssp.navy.mitcniaitto: Spp331@ssp:nay ‘.Mil>) does not 80 fo me, it goes tg

Spp21@ssp. navy. mil<mailto: Spp21¢: SPP -Navy.mil>): [ would also, like to remind

"alt hat 1DO NOT want to receive non work 1 ial via emai th

Sent, the coniplainant ‘felt that Mr. Dicht had just informed everyone ‘that it was he who’ had

tucned.in the Pomographic email becatise employees in their department could look back in the

records and see whe had that email’ account prior to the reorganization in April 2000 when .

everyone Was Given new email addresses; ; * “%s , ~

‘1S. INFORMAL RESOLUTION EFFORTS: °

- -Of this'situation by-ca-workers in the workplace, were met except for number 5, not to Work for

“his supervisor, “The complainant Said that he would accept a public apology from his supervisor,. |

-mnade to everyone attachied to NOTU for all the Problems he suffered to resolve the claim, Mr

* Dichi agreed to apologize for anything he may have iad a part in, but he didn’t feel he had a part’

[i nv ail thatthe complainant was alleging.. Therefore, no Tesolution was reached’ sae .

; My Supervisor care. tame; uh} apead Yh ati sede fe me, whted X-weuld have necest Lhe began

“ex plainiag toma why jew. 1 récelvlag ga4ng foe Me; Terrell W, Aol aid atherr, Hesaid. gt

Felme Wife ehachod ek Lege! vs ons aol there on hecho s Campton long bets, <5

“46, NOTICE OF FINAL enh - tare ts Peru ond that. It hac got away frn,.

; re ; xe Alm and leaked anty the werk Eom puttry at Webes .

days from the receipt of the notice of final interview to file a formal complaint. The complainant j

indicated that he:would be filing formally. . Sarge aes sf . a

|. Elise M. White ae (301) 342-6870:

- EEO Counselor ate toveate a Telephone Number

para Naval Air Systems Comniand

5 aa ace - Patuxent River, MD ‘20670-5304 -

Ye) RE C2 : :

Date Counselors Report Cotnpleted ,

Past

Equal Employment Opportunity

_ Patuxent River, MD 20670

12713-

Ser AIR 7.3.4.B/02-004 |

8 January 2002

_ Subj: NOTICE OF FINAL INTERVIEW

Ref: (a) Department of the Navy Complaints Processing Manual’.

rs (b) 29 CER: 1614 )

Enel: (i) Complaint Form

1. This is notice that on the above date. the final counseling interview was held in connection

with the matter you presented to me, as the EEO Counselor. You initially requested an EEO

Counselor.on 8 June 2001 and alleged sexual harassment/hostile work environment based on ~

several factors: your supervisor had a'picture of a scantily clad woman (Britney Spears) on the

‘back of hig office door when you first reported to your position; you were subjected to

vulgar/inappropriate jokes in the workplace; you teceived pornographic pictures/jokes/cartoons

_ over your government email account which were addressed to your supervisor; and you felt your

supervisor broke confidentiality based on an email he sent out to inform people not to send

_ inappropriate emails to his previous account (your account): The basis of this complaint is sex.

2. If you believe that you have been discriminated against on the basis.of race, color, religion,

sex, age, national origin, disability, and/or reprisal for participating in protected REO activity,

"you have the right to file a complaint of discrimination within 15 calendar days after receipt of

this notice. If you do not file 2 complaint within this time, your complaint may be dismissed as

‘untimely. “,

3.,f you file a complaint, it must be in writing and filed in.person or by mail with any of the

following officials authorized to receive discrimination complaints:

", Deputy Equal Employment Opportunity Officer

Naval Air Warfare Center, Training Systems Division

Code 734 (EEO) . .

12350 Research Parkway

Orlando, FL 32826-3275

PA-S2 - ;

342.4870.

~—*

: ena os oe : 2

COMMANDER : ae

Naval Air Werfare Center Aircraft Division

22347 Cedar Point Road.

. ‘Building 2185 Suite 3250 ;

_ Patuxent River, MD 29670-1161 ~

Director of EEO

‘(ASN (M&RA))

Department of the Navy

The Pentagon, Room 4£788

Washington, DC -20350-1000

. The Secretary of the Navy

Washington, DC 20350-1000

4. Discrimination complaints must be processed by the EEO Officér at the activity of command Ri

_ where the complaint arose. To expedite processing of your complaint, you are urged (0 file

directly with the EEO Officer where the complaint arose, since the complaint will be referred to

that individual -for processing, regardless of with whom it is filed. However, if you choose to file

your complaint with any officiel listed above, other than the, REO Officer, be sure to provide'a

_ copy of your complaint to the EEO Officer where the complaint arose in order to ensure prompt

processing of your complaint.

- 5. The-issues in the formal complaint, which were discussed with an BEO counselor, and the

* matter giving rise to the complaint, cust be sufficiently precise to describe generally the action(s)

or practices(s) that form the basis of the complaint. Failure to provide-this information may

result in the dismissal of your complaint for failure-to state a claim. The complaint must also

“state whether you have filed.a grievance under. negotiated grievance procedure or an appeal to

the Merit Systems Protection Board on.the same subject mattér, including the dates on which a

grievance or an appeal was filed. This information is necessary for the Department of the Navy

to detertnine whethgc your complaint is appropriate for processing under. references (a)and (>). .

Enclosure (1) is provided for your use should you choose to file a complaint under.reference (a).

6. Ifyou retain an attomey or any other person to represent you, you or your representative

must immediately notify the EEO Officer in writing. You will receive a written notice of receipt

- of your discrimination complaint from the appropriate agency officiel. - -

Neg .

7; Should-you have eny questions, please contact'me at DSN 342-6870 vr comtnercial (301) -

’ ; ' (ae : .

) Ad -,

WY, ddhat

equal’. Blise M. White” ‘

, ; EEO Counselor

PA-~S3

‘Schmitt, Mike

From: Evangelist, Angelika CAPT

* Sent: ; Wednesday, February 27,2002 4:23PM -

Ta: . Borger, Wiliam CAPT; MacEwen, George CDR; Stevens, Mark LCOR

Ce: é Carter, Christopher LGDR-

Subfoct: : Investigation. Into ‘othe eit ad Use of Goverment’ ee

i have bee been quae as — Officer into the investigation of the = of Improper us use of government

equipment

This 2 to font each of you that | will = conducting Interviews pursuaiit to the iavostigaions. [ will contact you to set up

appointme

peg this pee ceson't £0 with Mt, Dele To Foster, $P-046, Sp aspect Coordinate

and was ondered the. SSP La sp ector General's Coordlagter h fully coe mits her eren-

though Xhad already coop cnahec! with NoTuls Daspector General, Z niche Thon

ag an 6N . 2t

Ths = aaah’ bapa as rope of! hen — ae without nm op hawnledj pune

Schmitt, Mike i Cy Ler sat Ty 3

From: , ~ Diehi,LloydP .

Sent: ‘ Wednesday, June 20, 2001 4:22 PM" : A

To: a .. Nunotani, Anita; Armsirong, Bruce; ‘ARNNEWELL@aol.com': ‘BallcoachS@aoi.com'’:

23 bys « acl.com'; ‘Barker, Bill; Fisher, Bod; ‘brahner@cil.rr.com'; ‘Callahan, Shannon

; (ORLY; aligren, Kenneth J ; Jadoonath; Oanlel; ‘darlens’“Dariene Muldoon’: :

darlenecraze@netzero.net’; ‘Dave & Sharon’; Aubry, David: Cherepon, Qavid C; Houses,

’ David A.;"O0ieh!1009@aol.com’; Kohi, Dick; Feeser, Donald C ; Mu

Don; ‘Dufresne, Anna’; Wilson, E.Jo-Ann; Eberle, Robert Oswaid ; Hu

rphy,-Oonald M; Powell,

ludson, Elwood E :

Evigebretsen, ScoltL ; Eploharyi@es. com’; Ewan, LarryP ; Fauiconer, Richard C ; Fawna’:

Filzgerald, Michael K ; Francis,

las F ; Beck, Fred; Trenker, Gary C; Wiliams; oo! B;

‘itlam

-Gidson, Dudley ; Ginn, Robert Scot; Haltrup, Jason C : 'Heldi'; Hil, Cliflon G ; Hyalt,”

E ;. Jones, Jat; Brooks, James P; Burmelt, James 0.; Ferraro, Janet; Woodward. Janet;

JBISMANTO@aol.com'’; Kitchmer, Jeffray. A.; Petharn; Jeffrey L ; ‘Jennie Shye'; Jenneman,

Robert T.; ‘Jennifer Gash’; jim swingle’; Kuschnieryk, John; LeGrande, John R + Mansoll,

_ Joba; ‘John V"; Walfer, John MICS; Heri, Joyce: Halt, Judith A; JusMeGC@aclcom": -

. ' O'Donnell, Ken MTC; Hermosillo, Kevin; ‘KimmyG0628@sol.com’: Kling, Oavid L ; Kraft;

‘George ; Krays, Robert J | Nimori, Loyd; Manring: Jesse Harrison ; Mar, Lelarid :

* “Margdiehi@acl.com’, Bahia, Maria; Gotcher, Mark L ; Slevens, Mark LCOR: a eee

‘markfraz@bellsouth net’; Martin, Roberta M ; Malonchi; Mike; Vacant, SP1211; Schinitt, Miko:”

Miller, Robert A ; ‘mshrader@searay.coms Blourit-Keyser, Nancy A; 'Pam@home': Peele .

Jeffery Wiliam ; ‘Peggy’; ‘Peggy (Home)'; Gailion, Peggy S.;Pelranin, Julian; 9) +;

Rhsconsuking@msn.com’; Williamson, Richard E.; ‘ted (irsa)’; Kirkland, RobertA: |

‘RobWCOCOA@~aol.com’; Roth, Edward W ; Singer, — Edwa

tc; ‘Sharon Ganter’;

Sree ee eee am hatlen’: La : ecsloel Joseah

; Jones,-6. Ann; Walt Smith; Frank J Quintero; Sidney & Beck; Thomas Richardson; Wayne.

; : ; : Leach Supaeviser't ussecintes.jacludiay Bavid c. Cherepea, Rebect Osweld Eberle,

Subject: im email: . . male ". Kevia Hermosi}le ant Reb Wilson ako,

e _ _ Rob WCOCOAG del, com

Just a ceminder. \v'y old email address (si

NOT use that address for future corespondence. My address Is

.| OO NOT want to receive non werk related malerial-via email:

Thank you for your time,

Lidyd Olehi

2.navy_mil) does not ga lo miz,.it goes ta someone else, PleaseDO .

seazi@ssa navy mil. | would also; like lo remind ail that

aS breke my ‘Supsaviven's privacy right wad my contteleatialit : right since eve dedy :

Knew Hat m

Me. Ano 8, wh

PA-BS

Super yitoc had assigned mehis.ofd E-mail address by previeas E-mail,

er totd me that my Supteyisor would be told hy the Xo ty

via the feleohone or fa Gare Rot te Strof 4len penny Perasgeuphy af

te protect my confidentiality and my supervisor's el ght te privacy,

telf 4i £ asseciayes

wark, In orden

a -*

Schmitt, Mike

From: Hermosillo, Kevin

Sent: a: ea Wednesday, December 1 2, 2001 12:08 PM

- To:. a, tan’; Schmitl, Mike; ‘ Noydy’, 'Iniguez, Ruben’; ‘Janet2eman@aol.com’; ‘Sickenger,

Kristina’; ‘Woody * . ° - o ig

. Subject: ; FW: The Golfing Nun

.----Original Message-—-- ;

From: Torgerson, Bob .

_ Sent: Wednesday, December 42, 2001 9:01 AM

To: Hermosillo, Kevin

Subject: FW: The Golfing Nun

----Original Message—-— ot

From: artnelson@juno.com [malito:arinelson@Juno.com) :

’ Sent: Saturday, December 08, 2001 9:46PM - .

To: dentalmac@earthlink.net; edwulet@yahoo.com; Miles331@peoptepc.com

Subject: The Golfing Nun e .

Anun Is silling with her Molher Superior chatting and decides tomeke a”

confession. ne .

over 280 yards, bul it struck a phono'line that was hanging over the -

> ell siralght.down to the ground:after going ony about 100

. wae 8s See : ; ves .

“ls that whenyou swore?”

*No, Mother,” says.the nun. "After that, a squirrel ran out of the bushes

and grabbed my ball In its mouth'and began lo runaway.” ,

“ls THAT when you swore?” asks the Mother Superior again:

~ "Well, io." says the nun. “You see, as the squirrel was running, an eaglo

= —_ out of the sky, grabbed the squirrel In ‘his talons and began to

y away!" a oh

"is THAT when you swore?” asks the amazed elder nun,

*No, not yet. As the eagie carried the squirrel away in Its claws, it -

flew near ihe green, end the equirel dropped my ball." .

“Did you swear THEN?" asks Mother Superlor, now becoming somewhat’

impatient. ‘ Pius :

Ma not ther. .. because the bull fe'l on a big rock, bounced over the

send trap, :

roted.onto the green, and stopped about six Inches from the hole.

* ‘The two nuns are silent for a moment.

Finally, Mother Superior sighs, and now with a look of dismayed

. Pm gre in her eyes says disgusledly, “You missed the fucking putt,

you? Ze proper oAfjee E-Matl

Sclimitt: Mike |

From:

Sent:

To:

Ce: :

Subject:

Im portance:

FYI

“Very Respecttully,

Mike Schmitt.

SE Electicat Engineer,

———— inal Message —

_ From - Deh,

Sent:

To: i

Stevens

Subjoct:

- Pelranin, Julian ; Hurle

High:

Schmitt, Mike. ° ;

Friday; May 12, 2000 2: ‘si PM

loodrow Je Su we, Masaru ; Ti

W; Petersen, Thomas 9 . Leeeeest Gary; Lightcap, Michael

Schmitt, Mike é

FW: New SPP 20 Codes

P. ‘ . .

panna he ron: 2000 8:01 ant :

ith, Walt; Quinn, Whilam MTCS; Leach, ‘Wayne are; Can’el Jadeonath; Jack dyrens' Miko Schmitt; ome Blount-Keyser; Mark

FW: new SPP codes

: fyt =

-—Original Message----

From: Breaux, Mike

Sent:.

Te: Diehf, Lloyd P

men cont <li. miko hetaux@inéo,cami>

ee April 25, 2000 5 34 PM

Ce: bject: MelaniesG; Jennéman, Robert T; Rude, Rober O ; ee “1% ie .

Subje

FW: new SPP codes

The following SPP codes havé been undoie® to the new codes in the TFR system effective 4 ‘thee *

assignments have been changed to reflect the new codes. * <4 ee f¥ open Urear

Mike ae

_~Onighjai Message— . nee i an Sill a Gee : My

From: Oleh, Loyd P SS NAMI snail: ewe

. ) . >. ‘ * : : . r

tor at Mer, Bor A Hunan Anta arr, Wa ies

Mm . 9 os H fe) an: Su Bonnie; Campbel, Bnvce; Cha! addock,

bas ‘ , Charles: Stone. es Baw Pringle, Darian L; Cherepon: ica rte Pad A:

Koly Dick Fetsse Corals. sbreteek Scott; Fitegora'd;’ Michael: Cidson, Gary; Gina,

Robert; Hamamoto, Rona'd: Hudson ease: Crone: James p: Ferraro, Janet; Jeaneman, Sob; Mocar Jeny; Cun

_' dames; McLaughlin, Mary; King, David, jsrook Linn: Widebrandt, Kris; Krygier, St hen: Vetta, Lovin ii owe Marlees: Marti

- Roberts; Mckee, Billy, So ©, Michael, Plus ‘Garret: ‘Nelsen Rich; York, Randy; Anderson, Richard: Beva ;

—* Sal; Sferrazza, sme leberg, Sher; tom ha rts ‘om=Tom Pelersen on Ye-sreky: ; Roger: Schwab, daiore

Subject: new SPP codas ; ss ol tart: sateciobs snafu Teecell Adloms; David C Cherepon vad

ebe F Eberle and With 4)

Effective | 1? April 2000, the folowing see codes wil change, Donald Fopser te. ono Barker cad

NAME OLD CODE” NER: CODE. After this E-Mail

‘Stevens, Mark L LCDR: $eP309° SPP20 my $H ee, ttl ma cabot by

Diehk, Lloyd SPP33° SPP21 oo oper notreceive

Jédoonath, Daniel ~ SPP335 SeP2i1. ary niere @ ative] pyran ae

Schmitt, Michael: rate og -- SPP212 © E-Mel(-te ny Superv ISoe. :

Blount—Keyser, = SP2332 - sep213° . MA, .

Jones, Jack SPP333 SPP214s"- Sie Adins (Ferrel! Adame) whe Z

Smith,: "Walt .° SPe334 SPe2i5 even met or wea ked wit, lary

Quinn, william Mocs SPP302 . SPP221 Ute andwhe did net kiow me, | oe

Leach, wayne. NTC SEP301 SPP22 heal weeked with wm invison for

: eae ae ' . . " Many yeas, WA, “hp 47 “str tape

date my ty erin'sbe fea receiving offensive!

eesinphla E-Matt and why tb ry

ae a hehe - +s Me, Adnhs de ‘A

Ranks ; Sta mg of cases /, lprens fF ant te

RA-57 >: hia? Could the seats #

‘ guperdsee did notrhject ty pert thie .

“+ Mind of EMail frer hie atsecale AdaraS

Subject:

~ . Bill and: Sonya,

Stevens, Mark LCDR

.Wednesday, April 12, 2000 7:29 AM

‘Parish, Sonya W.; Brown; Bill -

Jonés, Juanetta’ D. cwod; Anderson, Michael’ W.; Aubry, David; Beck, Sidney E: Blourit.

Keyser, Nasicy A.; Bumett, James D.; Clenney, Marcus T.; Dieht, Lloyd P; Gallon; Peggy

S.; Jadoonath, Daniel; Jones, Jeck; Kirchmer, Jeffrey A.; Korzel; Henryk: Leach, Wayne j

MTC: Mansolf, Johny Quinn, William MTCS; Quinteso, Frank J.: ‘Richardson, Thomas;

Schmitt, Mike; Smith, Wall ; Wagnér, David K; Willamson, Richard E.; — Diane L.;

Jackson, James’ L.;.MacEwen, George CDR: Smothers; Glann i°

SPP Code Changes

_ Effective 17 po 2000, ‘the following SPP codes wil change as indicaled:

"2 NAME

OLD CODE _NEW CODE .

Stevens, Mark L LCDR

Diehl, Uoyd.. .

Jadoonath; Daniel

Sctimidt, Michael -

Blount-Keyser, Nancy

... Jones, Jack

Smith, Walt

. Quinn, William MTCS

Leach, Wayrie MTC.

‘Dover, Diane |

‘. Korzel, Henry

Jackson, James

Smothers, Glenn .

“SPP300°. +: SPP20

- SPP33° - SPP21

SPP335° = “SPP211

: - SPP331 . SPP212.

SPP332.- - S$PP213

_ SPP333 _ SPP214

SPP334 SPP215

SPP302 ". SPP227

SPP301 | SPP22. - :

SPP013, . * SPP34

’ SPP0131 -SPP341

SPPO11 SPP35 -

SPP124 . SPP351.

NOTU Letfer spp300/040600002 of 11 April 2000 is the auitiority for this change. Please. alias tl

old codes to the new codes so that we can minimize'e-mail aie tetil

‘ Thanks”

Marks: :

PA-SB

Schmitt, Mike

From: . Shel eld, Harold CAPT

Sent: Vai Tuesday, August 29, 2000 2:10 PM

To: ; ae SPP ALL

Cc: _ . Johnson, Patsicia A.

Subject: : RE: FITNESS HOUR’

I encourage anyone who can take advantage of tis service to do SO.

H. L. Sheffield -

Capt,USN .

CO, TEAM NOTU :

407-853-1200

—---Originat Message-----

From: - Johnson, Patricia A.

Sent: Tuesday, August 29, 2000 1:08 PM

‘ To: | ~ SPP ALL

Subject: FITNESS HOUR

”For further information regarding this updated program, contact rvin Foster at 3-1296.

<< File: FITNESS HOUR.doc >>

oe PA-69

Schmitt, Mike

From: Diehl, Licyd P ae

Sent: Tuesday, August 29, 2000 3:14 PM -

To: Smith, Walt; Daniet Jadoonath; Jack Jones; Mike Schmitt; Nancy Blount-Keyser

Cc: : eh Foster, trvin L.; Mark Stevens : ;

Subject: FW: FITNESS HOUR :

| encourage yau all to take advantage of this program and your 3 hours a week of “wellness”.

Uoy ae , :

‘Original Message---— - Paes . ’

From: Johnson, Patricia A.

Sent:- tuseeey. August 29, 2000 3:06 PM

To: SPP

Subject: FITNESS HOUR.

FIEXESS HOURA20

Ons more time, this time with the location.

Sohimitt Mike CE Cy

‘ Froit: “Diehl, Loyd P -

= Scheie Mike

Sent’ .: ers Monday, Ovember 19, 2001 8:34AM. .

‘Subject: *- Read: OTU Wellness : : ‘

Your res?( <0e0, ao. To: Dichl,- Lloyd id

Ce: ‘Schmitt, Mike; Jadoonath, Danis]

Subject: NoTY Wellness : .

Sent: 11/16/01 8:12 AM -

‘

was. xead on 11/19/61'8:34. ay..-

When = asked ny supervise r aheut tt ry wellness reguest te hon he Satd N Sure eas ae

He Command aad: Ms, Ava 8, Tones . Both ry Supecvetar and the preinedl hint we : ed.me fate .

ey olectors for the recemmended theee msnth tens) an peeled! Prom. coiunte 1) — ¥e work bul tf,

fnviecon rrent, Me, Danie! Tortee rath taid to me thot #Ats was et allefory dand Gag dx monk

tight thing by turning? my gus witee's petaagaachy bor him, onthe wa dtd the

a phy Terniegay ror PEP K08 Sher, on the way to hig wellness With acy

‘Superyi tor,

jee emis 1. ei aaa

_ 2445 Bes Ridge Rood

Sarssotp. Florida 34738

£41.926.6813 |

fox, 822.3161

: pecnasymdCaol

Scott Permosly, MOD

Ciplomate American Boad

ol Psychiary end Neurology

Certification ln Child and |

Adclescent Psychiatry”

arttkatlon iv Aaah Paychistey

Roxanne Permesly MEd

Dipkomate American Board

of Medical Psychotherapists

Lic. Mentst Health Counselor

. . Contified Family Medistor ”

ie : permesly\y permes

November 26, 2003 File Number: 062048358

U.S. Department of Labor

Aitn: James W. Bridges, Senior Clalms Examiner

Employment Standards Administration

Office of Workers’ Compensation Programs

PO Box 8300, District 6 -

London, Kentucky 40742- £300

Re: Hany Schmitt

‘Dearh Mr. Bridges:

| am very concemed about the condition of Harry Schmitt. { do agree that

. heis able to retum to work at this time. However, he has not yot received

whatwas promised to him by Kristiria Oetlel-Clark, “When. you are

medically ready, OWCP will make every effort fo identify your vocational

strengths and aptitudes to prepare you for employment in a specified job

. and aid in Placement", from a letter dated June 24, 2003..

* Without the above’ promised services, Mr. Sohmitt could — and lose

the progress that has been made that at this paint makes him work ready,

This, man deserves.this courtesy and this service based on his service to

the Navy and to: teas: the difficulty. this employment situation has

caused.

“Thank you od “odd consideration i in doing the right thing.

Sincerely,

. Att Mies SS SN

Scott Permesly, M.D.

Enclosure: DOL Letler dated June 24, 2003

O me 10.

——

2750 Bohia Vista

Suile 108

Serasota, PL 34239

‘Uinda K. Erickson, a aes a C:

Phone 941-951-1500

Fax 941-952-9400

December 02; 2003

U.S, Department of Labor

” Attn: James W, Bridges, Senior Claims Examiner

Employment Standards Administration

- Office of Workers* Compensation Programs

PO Box $300 , District 6 kc i

London, Kentucky 40742-8300

File Number 062048358 ere ot" ‘tae hy

. Re: Harry M. Schmitt

Dear Mr, Bridges: .

- Harry M..Schmitt began individual counseling July 23, 2001 and has continued on a weekly basis untit the current

time. I ani in concurrence with his psychiatrist Dr. Scott Permsly that he is able to retum to work but doly with -

the help promised that OWCP will make every effort to identify his vocational strengths aid aptitudes to prepare:

him for employment in a specified job and aid in placement. He reccived this communication in a letter dated June .

" 24, 2003. ae ; ‘ : :

" Lam yery concemied'about his condition since receiving the letter the day Before Thanksgiving that his benefits will

be cut off in 30 days. Since receiving that letter, he has not been able to sleep or cat and is obsessed that he will be

homeless losing this benefit. He is anxious to return to work, but does need assistance from OWCP in doing so. - .

He is in jeopardy of relapse and losing the progress made that makes him ready to work, : ;

This gentleman deserves this assistance after the years of dedicated service to the Navy, His experience and skills.

should not be sacrificed due to the difficulty this employment situation has caused,

Please fet me know if I may be of further assistance in this matter.

Sincerely, ..

. Linda K, Erickson

- PA-63

— ™,

oy ‘4 a

U.S. DEPARTMENT OF LABOR

File Number: 062048358

OD_PSY_C-O-I

EMPLOYMENT STANDARDS ADMINISTRATION

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

214 N HOGAN ST SUITE 1006

JACKSONVILLE FL 32202

Phone: (904) 357-4777

December 18, 2001

Date of Injury: 12/15/2000

Employee: Harry Schmitt

Harry M. Schmitt

650 Dixon Blvd Apt 22b

‘Cocoa, FL 32922

Dear Mr. Schmitt:

1 am writing in reference to the claim for benefits under the Federal Employees’ Compensation Act which you filed

for an emotional condition. The materials which you have submitted to date have been reviewed, We have received

your form CA2, and other various documents regarding your condition. This is not sufficient for this office to

determine whether you are eligible for benefits under the FECA because you have not provided concrete

documentation that clearly states that your condition is directly caused by your employment. Please provide the

information requested below to OWCP. {above address) at your earliest convenience, Please provide as much detail

aspossible. -- «+ - “o Recess et Ue eee

Describe in detail the employment related conditions or incidents which you believe contributed to your illness,

What aspects of your employment did you consider detrimental to your health? Do not respond in terms of general

stress or stain. Be as specific as possible,: Identify any relevant dates, locations, co-workers, supervisors, required

duties, etc. For events or duties which you identify, describe how often they occurred ard for how long. Provide

names, addresses and phone numbers of any person who can verify your allegations. Please provide a copy of your

response to this item to your employer for concurrence.

You claim your illness resulted from certain treatment by your employer. Please provide specific

descriptions of all practices, incidents, confrontations, etc. which you believe affected your condition. What

happened? How often? What was your reaction?

Have you filed any grievance, EEO complaint, or any other action related to the working conditions retated

to this claim? If so, please provide copies of all relevant documents including conclusions of fact finders and fina:

decisions if available. If not available, when do you anticipate they will be? ;

Describe all sources of stress outside your Federal employment. Have you recently expertenced situations in your

personal or family life that include substance abuse, divorce, death or illness of a joved one? Describe your hobbies

and any outside employment. ,

Describe the development of the claimed condition. When did you first notice it? Has it come and gone or has it

been present continuously? What symptoms have you experienced? What seems to make it worse? Better? What :

treatment has been effective in controlling or curing it?

Provide details of all prior emotional conditions which you have experienced.

Have you ever been under the care of a psychiatrist, psychologist, or sought counseling? If so, for what

reason? What benefit did you receive? Provide all relevant details.

Have you ever been hospitalized for an emotional condition. If so, when and where?

"Do you, or have you ever taken medication for an emotional cordition? If so, when and what medication?

().. Ra C)

( ma! . “ File Number: 062048358

OD_PSY_C-0-I

Why do you (eel that your job activities contributed to your condition?

Provide medical records fromm'all prior treatment for en emotional condition.

You must provide as much detail regerding the cause of your condition as possible. You must also provide all

information requested above. Please’ make sure that’ you provide a copy of your response to your employing agency -

for comment. This information is crucial to the adjudication of your claim.

OWCP may.correspond directly with a physician or any other party who may be able to provide information which

will help the Office make a decision on your eligibility for benefits under the FECA. Our efforts are intended to

assist you in the collection of evidence. Please understand that i¢ is ultimately your responsibility, as the claimant, to

provide or ensure the provision of all evidence needed to decide your claim, including all information requested

directly by the Office,. Whenever a request for information is initiated by this Office, a copy will be sent to you so

you may ensure that the requested information is provided a$.promptly as possible. *

This Office is committed to rendering a timely decision on your claim. A reasonable period will be allowed for the

_ Submission of all requested evidence (approximately 30 days). If we have not received the requested information;

an indication that it is forthcoming, or evider.ce that the information is not necessary to decide your claim, we wi)!

be required to render a decision on your claim based on the evidence in file,

If you do not understand any portion of this request, or are unable to provide al] requested information for any

reason, you skould call or write to this Office immediately and request clarification or assistance,

Sincerely,

Fredrick D, Bolden

Claims Examiner

NAVY : ,

NAVAL AIR WARFARE CENTER TRNG

SYSTEMS DIVISION CODE 7311 IC

12350 RESEARCH PKY

ORLANDO, FL 32826

PA~65

650 Dixon Blvd.

Apartment # 22B

Cocoa, Florida 32922-7542

January 11, 2002

U.S. Department of Labor

Employment Standards Administration

Offi-> of Workers Compensation Programs

214 North Hogan Street, Suite 1006

Jacksonville, Florida ‘32202

Ref: U.S. Department of Labor Letter a December 18, 2001.

File Number: 062048358 .

OD_PSY_C-O-I

Ericl: Additional DOL Requested EEO Sexual Harassment Documentation Package

Dear Sic/Madem:

I am writing in reference to your jétter to me. In regard to your letter I submit the

following answers to your questions:

1) I was sexual harassed, intimidated and retaliated agaiust on the job which caused

severe emotional trauma resulting extensive ongoing counseling sessions. Please

refer to enclosed package for the relevant dates, the locations, the co-workers, the

supervisors, the required duties, cte.

2) The sexual harassment, intimidation and retaliation events have been ongoing

since mid January of 2001, Prior to this point in time, I suffering from the effects

of Post Traumatic Stress when my Father died in late October of 2000, as well as,

coping with my Mother’s dementia mental health condition and my Brother’s

chronic smoking and alcoholism problems, Please refer to enclosed package for

the additional information.

3) Please refer to the enclosed package for the na™es, telephone numbers and

business and home addresses of my offic’ <o- orkers for verification purposes,

4) Please refer to the enclosed package for th. uu the job practices, incidents,

confrontations, etc. that affected my émotional condition. Please refer to the

enclosed package for what happened on the job, how often it happened to me on

the job and my reactions to the sexual harassment, intimidation and retaliation. °

5) Yes, Ihave filed an EEO Compliant. Presently, the EEO Compliant is in the

informal stage of being processed by the employing agency. I have been assigned ©

an REO Counselor, Ms. Elise White, stationed at NAS Patuxent River, Maryland.

The EEO Counselor is in the process of completing her informal EEO Compliant »

investigation. Please refer to the enclosed EEO Compliant Package.

6) - Post Traumatic Stress Disorder resulted from my tuming in Pornographic material

coming in to me at work on my government E-Mail code which was previously

CO) P A-66 O

Cre

File Number: 062048358

OD_PSY_C-O-1 —

held by my current supervisor, Mr. Lloyd P: Diehl, SPP-21. The Post Traumatic

Stress Disorder condition has been continuously present since that point in time

when I turred in the Poinographic E-Mail material to my employing agency.

Please refer to the enclosed EEO Compliant package for the symptoms I have

been experiencing since turning in the Pornographic E-Mail material to my

employing agency. My condition is made worse by the continued verbal and E-

Mail sexual harassment/retaliation material I have received since I tum in the

Pomographic E-Mail material to my employing agency, My condition is made

better when I do not receive any verbal and/or B-Mail niaterial of an inappropriate

nature on the job. My condition can be controlled by continued counseling

sessions.

7) I have never been diagnosed with any prior emotional conditions before this on

the job sexual harassment incident.

If your office necds further information regarding my emotional condition, Please feel

free to contact me via mail to my above home address or you may reach by telephone.

My home telephone number is (321) 617-7468, I THANK YOU for your inquiry in my

above cited workers compensation claim. I look forward to hearing from your office in

the near future regarding my claim. THANK YOU for your time, attention and

assistance in my workers compensation claim.

Very Respectfully,

Phoese/br. Dchnst

Harry M. Schmitt

Post MSEE, PA

PA-67

Sree: OF THE ahed

‘ NAVAL ORDNANCE TEST UNIT

CAPE CANAVERAL, FLORIGA 32920-1623 .

2713

SPP00/U053102001

3-JUN 2092.

From: Commanding Officer, Naval Ordnance Test Unit

-To:' Mr. Archibald J. Thomas, li, Suite 1640 Riverplace Tower, Jacksonville, FL

- 32207

Subj: NOTICE OF ACKNOWLEDGEMENT FOR INVESTIGATION OF CLAIMS OF

DISCRIMINATION IN THE COMPLAINT OF HARRY M. SCHMITT V. GOROON

R. ENGLAND, SECRETARY OF THE NAVY, DOCKET NUMBER DON-02-

- * 2841-001

Ref: (a) Notice of Receipt letter of 11.Feb 02 -

(b) 29 CFR 1614.

Encl: (1) Your formal discrimination complaint of 1 Feb 02

* (2) FEO Counselor's Report of 28 Mar 02

%. Per reference (a), réceipt of your formal discrimination complaint was acknowledged

and assigned docket number watts 62841-0001. °

2. Based on:a review of enclosures (1) and (2) and in » accordance with references {b)°

and (c), 1 nee acknowledged the following claims for investigation:

a. Continuing sexual harassmenvhostile environment based on sex (male) from

December 1999 through present. The following are incidents that you believe support ”

your Gaim of hara sernerWnostne work environment:

1. In opprotaaialy Sesentier 1999, the complainant's supervisor, Mr: Lloyd’

Diehl, had a-picture of a scantily clad woman (Britney Spears) on the back of his office -

door when compiainant first reported to NOTU;

2. in approximately mid- -January 2004,-.the complainant found 9 (nine) allegedly

pornographic pictures/jokes/cartoons that were addressed and sent'to his supervisor

from an outside contractor between January 2000 and March 2000 and were ons

in neomplainant $ government email account; . ;

3. The complainant was subjected to allegedly veigeainaggroptiiie jokes in the

workplace, including incidents of jokes in November 2001;

4;-On June 20, 2001, the complainant felt his supervisor broke confidentiality

based on an email his supervisor sent out to inform people not to send inappropriate

emails to his previous email account (complainant's old account).

& pa-tt. © of)

C >» ; . ; > . Py

Subj: NOTICE OF ACCEPTANGE OF FORMAL DISCRIMINATION COMPLAINT OF

; HARRY M. SCHMITT V. GORDON R. ENGLAND, SECRETARY OF THE NAVY,

; ‘DOCKET NUMBER DON-02-62841-001 _s

b. Hostile environment based on reprisal since June 2001. The following are

incidents that you believe ‘support your claim.of harassmenthosiile work environment:

1. The complainant felt harassed'in June 2601 when his supervisor found out it

‘was he who turned in the inappropriate emails and confronted him in a hostite manner.

‘2 Complainant feels thaf while the atmosphere improved after agency action,.

contractor employees continued in November.2001 to-tell jokes in his presence as.

harassment in reprisal for his complaints.

"3, Ifyou believe that the accepted claims are not correctly Identified, please notify me

in writing within seven (7) calendar days of your receipt of this letter specifying why you

believe that the claim Is not correctly identified. Your. allegations’ must be limited to the

clalms discussed With your EEO Counselor. If you do not reply, | wilt consider the .

' ‘allegations defined:as above as-correct. ~~ ames

. 4; By copy of this letter, the Department of Gefense (DOD), Civillan Personnel

Management Services. (CPMS), Office of. Complaint Investigations (OCI), Smyrna Area .

Office is ddviséd of the claimis which have been accepted for processing.

- 5.. This coniplaint will be-assigned ta an investigator for formal investigation. Once _

. ; assigned, you will be informed of the-jdentity of the investigator andthe date when the:

investigation is expected to begin. When the invéstigatlon Is concluded, the. -

Investigative fife. will be forwarded to tha activity:address. * ae

""@: The EEO point of contact for this complaint is Milagros Vazquez, Deputy Equal :

Employment Opportunity Officer, 12350 Research Parkway, Orlando, FL 32828; -*:

telephone number 407-380-8430. “s . oa ; fs

“*

Copy to: | a

Harry.M. Schmitt : :

. OCI, Smyma, GA (wi case file) CERTIFIED MAIL

Laulse Vitale, Agency Representative (w/o case file)

PA-69

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650 Dixon Blvd., Apt. #22B

Cocoa, FL 32922-7542

May 20, 2002

Capt. William H. Borger, Commanding Officer °

Naval Ordnance Test Unit

P.O. Box 1623 ;

Cape Canaveral, Florida 32920-1623

Dear Capt. Borger.

i, Harry M. Schmitt, am employed as an Electronic Engineer in the Deployed Support

Equipment Department. | suffer from post traumatic stress disorder. My current working

conditions are exacerbating my health because of my current supervisor, Mr. Lloyd P.

Diehl. Therefore, | am hereby requesting, under the Rehabilitation Act, that the Agency

reasonably accommodate my disability. One possible accommodation may be assigning -

LCDR Mark L. Stevens or subsequent rotation replacement as my supervisor.

Thank you for your cooperation in this matter. if there are any questions conceming this,

_ please do not hesitate to contact me.

Sincerely, -

, Scheid

Harry M. Schmitt

CC:

CDR George B. MacEwen

LCDR Mark L. Stevens

Dr. Scott Permesly

Dr. Leonard R. Schwartzbaum

Dr. Mark H. Brus

Ms. Linda K. Erickson

Mr. Robert Blankenship

Ms. R. Hampton

Ms. Milegros Vazquez

Mr. Archibald J. Thomas, Il!

HMS/gb

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QDEC 14 2006

2006-328 )¢F ICE OF THE CLEI

IN THE

Supreme Court of the United States

HARRY M. SCHMITT,

Petitioner,

MERIT SYSTEMS PROTECTION BOARD, |

Respondent

and

DEPARTMENT OF THE NAVY,

Intervenor.

On Petition for Writ of Certiorari to the

United States Court of Appeals for the Federal Circuit

PETITION FOR WRIT OF CERTIORARI

Harry M. Schmitt

7211 Captain Kidd Avenue

Sarasota, FL 34231-4718

(941) 923-2253

| ( . APPENDIX

| Volume III

INDEX TO THE APPENDIX (CONT’D)

Item Page

NOTU’s Notice of Acknowledgment for Investigation

and Dismissal of Claims of Discrimination

(September 19, 2002) 73

Navy’s Office of Civilian Human Resources

Reply Letter (February 28, 2006) 83

Mr. Harry M. Schmitt’s Medical Privacy Act

Violation Letter by NOTU (July 18, 2006) 86

Ms. Brenda C. Schmitt’s Letter to NOTU’s

Security Manager (April 6, 2003) 89

Mr. Harry M. Schmitt’s Reconsideration of Security

Clearance to Chief of Naval Operation (NO9N2) 91

Mr. Harry M. Schmitt’s Reprisal for Whistleblowing

Letter to U.S. Office of Special Counsel

(September 6, 2006) 93

Mr. Harry M. Schmitt’s Letter to Mr. Paul L. McKean,

Attorney for Guardian (December 4, 2001) 101

Ms. Gloria C. Goodrow’s Letter to NOTU’s Security

Manager (April 9, 2002) 108

Mr. Harry M. Schmitt’s EEOC Settlement Non-

Compliance by Employing Agency Letter

(December 17, 2004) 113

INDEX TO THE APPENDIX (CONT’D)

Item | Page

Navy’s Workers’ Compensation Letter

(February 8, 2005) 132

Harry M. Schmitt’s Reconsideration of Workmans’

Compensation Letter to U. S. Department of Labor

(May 23, 2006) 133

Ms. Linda K. Erickson, L.C.S.W.’s U.S. Department

of Labor Sexual Improprieties Letter (June 7, 2006) 135

Dr. Mark H. Brus’ U.S. Department of Labor

Workman’s Compensation Letter (June 17, 2006) 136

U.S. Office of Personnel Management Associate

Director’s Reply Letter (August 15, 2006) 137

Mr. Harry M. Schmitt’s Sworn Statement to

Department of the Navy Headquarters (CNO NO9N2)

(September 22, 2006) 139

Mr. Harry M. Schmitt’s Patient Amendment Letter

to Dr. Cathy P. Miliam (June 13, 2001) 146

U. S. Office of Special Counsel Letter of Dismissal

to the MSPB for Corrective Action

(September 29, 2005) 247

Ms. Brenda C. Schmitt’s Affidavit to DON CAF

(August 21, 2005) 292

BEST AVAILABLE COPY

Sch (u~

-C (:dEPARTMENT OF THEN. JY |

- ‘NAVAL ORDNANCE. TEST UNIT

‘ CAPE CANAVERAL, . FLORIDA 92920-1623

12713

SPP00/0091902001.. °

19 Sep 02

S27)

‘ From: : Commanding Officer, Naval. Ordnance. Test Unit

‘fo:. - Mr. Archibald J., Thomas, III, Suite 1640 Riverplace

' Tower; Jacksonville, FL 32207. ° eS ie

Subj:° NOTICE OF ACKNOWLEDGEMENT FOR INVESTIGATION AND.

DISMISSAL OF CLAIMS OF DISCRIMINATION IN ‘HE

“COMPLAINT OF HARRY M. SCHMITT V. RICHARD J. DANZIG, _

SECRETARY OF. THE NAVY, DON-02-62841-002

Ref; (a) Notice of Receipt: letter of .12 Aug 02

+ “(b) 29 C.F.R. Part 1614. - ;

{c) EEOC Managément Directive 110, as. revised;

9 Noverber 1999 { gate gi ar he,

‘Encl: (1) Complainant's formal discrimination complaint ‘of date"

_ 29 Jul 02 | | ee ie

(2) EEO Counselor's Report of 29 Aug 02

--(3) -Compensatory Damages Questionnaire

1. Your formal discrimination complaint of 29 ‘Jul: 02,- enclosure

(1), was acknowledged by reference (a) and’ assigned Docket

Number DON+02-62843-002. : es : eo. 3

2. In my review of enclosures’ (1) and (2), I understand, that.

‘your are alleging that on ‘the basis of disability and reprisal,

.for-your prior EEO activity, ‘that you were discriminated against —

on 25° Mar 02 when. you were débarred from the base.’ Furthermore, ,.

the following are the incidents: that you believe support your

claim of discrimination based on: disability and reprisal:

“4; The Cape Canaveral Air Force Station Police. falsified -an

Incident Report to the NOTU Commanding Officer, Captain. William

H. Borger, stating that you were seen parked at Complex 17 for

two hours which resulted in‘ your debarment from the base.

_ |b. Mr. Robert ‘Blankenship, CEAP Coordinator, failed to

notify you about seeking,a mental health appointment: denying you

the opportunity to make a mental health appointment on your own.

c. .Yorr cooperation — the Inspector General, Captain

Evangelist, in the investigation of your prior EEO activity.

d. Your security access has been pulled and your sécurity

’ PA-73

a rat ..

a .

clearance has been referred tothe Department of the Navy

Central Adjudication Facility (DONCAF).for review. -

e. - You have requested and been denied reasonable

‘ accommodation for your stress-related disability.

3. You also allege that you were not-informed by your

Supervisor, either verbally or in writing, that he had signed.

Department of.Labor (DOL), Office of Worker‘’s Compensation

Programs (OWCP) Package on 30 November 2001, and that this is

retaliation. for responding to a DOL, OWCP follow up letter.

4. Upon review of enclosures (1) and. (2) and,’ in accordance

with references (b) and (cc), I have accepted the claim contained

in paragraph 2, above, for investigation.

5. 29 Code of Federal Regulations 1614. 405.(a) (1) states that an

aggrieved person must initiate contact with a‘'Counselor within

45 days of the date of the matter alleged to be discriminatory .

or, in the case of a personnel action, within 45-days of the

effective date of the action.

a. The events you address in paragraph 3 were not addressed

to an EEO: Counselor's attention within 45° days of the alleged

event(s). This command has made a concerted effort to ensure

that: all Naval Ordnance Test Unit employees are made-aware of

the EEO complaints process and the applicable timeframes as_

evidenced below. ye Ce

(1) EEO posters are Posted on official bulletin boards.

-The posters contain the EEO Counselor’s name and telephone

number in addition to a-reminder that an employee must contact

an EEO. Counselor within 45 days of the alleged discriminatory

conduct in-order to preserve his/her rights under the law. -

b.. In addition -to the above, you: filed an EEO complaint on |

1 Feb’02. Your prior participation in the EEO complaints

.process is evidence that’ you Had knowledge of the requisite

timeframes to file a timely EEO complaint.

6. 29 Code of Federal Regulations 1614107 (a) (2) states that

prior to a request for a hearing in a case, .the agency shall

‘dismiss an entire complaint that fails -to comply with the

applicable time limit’ contained in § 1614.105, 1614.106 and

1614.204(c), unless the agency extends the time iimits in ae

accordance with-§ 1614.604(c), or that raises a matter that has

not been brought to the attention of a Counselor and is not like

f a Pec es, eat pe a

_* ° Mid ‘ " —

or related to a matter that hasbeen brought to the attention of

a Counselor. Based on the above, the claim described in

“paragraph 3 is dismissed for. being untimely. Furthermore, °29

Code of Federal Regulations 1614 .107(a) (1) states that prior to

_ @ request. for a hearing in a.case, the agency shall’ dismiss an .

_entiré complaint that fails to state a claim under Sec’ 1614.10

before or has been decided by the agency or Commission.’ You .

have. failed to state how this alleged’ failure on the part of

your, supervisor. adversely: effected a term or condition ‘of your

employment. ‘Alleged reprisal for filing a. Workers’ Compensation

Claim is not an allegation of reprisal within the jurisdiction

of the EEOC. Based on’ the above, the claim-described: in”.

paragraph 3 is also dismissed for failure to state a clain.

Furthermore, it does not state a separate basis for the accepted

claim. ; .

7. There is no immediate right to appeal. a partial dismissal of —

) @ complaint. However, this determination is reviewable by an

‘administrative judge if you request ‘a hearing on your complaint,

-but is not appealable until the final action is taken-on the

remainder of your complaint. If you elect a. decision by the

_ Secretary of the Navy; without a hearing, this decision will

‘ address all-the Claims in your complaint, including its | ;

rationale for dismissing the claims .and its findings on the

"merits of the remainder of your complaint. The Secretary of the:

-Navy's decision wiil include your appropriate appeal rights.

8. I£ you believe that the accepted claims are not correctly

identified, please notify me in- writing within seven (7) .. -

calendar days of your. receipt of this letter specifying why you

believe that the claims are not correctly identified. Your :

allégations must be ‘limited to the claims discussed with your

‘EEO Counselor. If you do not reply, I will consider the

allegations defined above as correct. by z

‘9, In your request for corrective action, you ask for’ .

compensation forall damages suffered. In order to evaluate

your claim for compensatory damages, in the event we are able to

successfully settle your complaint,. you must. complete -the |

' Compensatory Damages Questionnaire, which is: attached as

enclosure (3). Mail. the completed questionnaire to the address

provided in paragraph 11 below within -30 Calendar -days of

receipt of this letter so that we may evaluate your request for

compensatory damages. Failure to complete and’ return enclosure

(3) within the stated timeframe may negatively. impact your claim’ *’

PA-75

for compensatory damages during any future attempts. to reach '

Settlement of your claim.’ ’

-10. By copy of. this letter, the Department of Defense (DOD),

Civilian Personnel Management Services (CPMS), Office of .

Complaint Investigations (OCI), Smyrna\.Area Office is advised of

the claim, which ha’: been accepted for processing.

11, This complaint:.will be assigned to an investigator ‘for

formal, investiyation. Once assigned, you will be informed of

the identity of ‘the investigator and the date when the

investiyation-is expected to begin. - When the investigation is

concluded, the investigative file will-be forwarded to Milagros

Vazquez, Deputy. Equal Employment Opportunity Officer, 12350

Research Parkway, Orlando, Fl 32828. sa :;

Vazquez, Deputy Equal Employment Opportunity. Officer, telephone

number (407}° 380-8430. ;

oe erg gfe —____________

W. 20/7 BORGER .

‘Copy to: seat

NAVCARD DP~8 (w/encl [1] only)

‘DOD, CPMS, OCI,. Smyrna Area Office

- Harry. M. Schmitt ;

. Louise Vitale, Agency Representative

C) PA C) |

‘Schmitt, & PUREE: Shae ce Ae

From: i +” Schmitt, Mike . .

Sent ‘+, Friday, February 04, 2002 6:00 AM

* Tee f Hager, Johnny

Cot - - ++ Schill, Mike |... I

Subject: nee Mid-Year Performance Review

_ Importance’. High |

eee ie your office. my performaiice tecord Statements for your review and forwarding to the EEO Officer, .

THANK n@, aftention and ‘assistance in (his EEO compliant matter. if you have any questions, comments

and/or-concerns, PLEASE {cet free to. bring them to my altention ASAP, You can reach me at Tele; one # (321} 853.

0691, of OSN 467-0691 of FAX # (321) 853:3675.. aan, THANK YOU for your time, attention an helpinthsEEQ -

‘compilant matter, Ms, Hager, you have'a GREAT DAYI{ . eee; rao ‘

. ‘ " ”

PERFORMAIICE * PERFORMANCE | ; SPP212€-Ua8 Tere

RECORD STATEMBET SIC. RECORD STATEMCHT.4,. . - Uneot Sv.

' Very Respectfully,”

. Mike Schmitt

RF & Elect: Pwr, Sys. Ergineer

’ Post MSEE, PA ;

PATI

Wey tenet we

* (PERFUR Gud: + a . (

= pert “ie Ate . : ee . Ie lh Me

Seer en nail: Mike atk) WE onawtexnon ae

pst

( and rien a APPRAISAL PERIOD

ul Jul.00 = 30 Jun 04

P.O. CURRENT AND ACCURATE?

Yes) NO (i .

Bm. Wiel ACCESS TO CLASSIFIED Ipomee RMATION AND DISCHARGE q.

ELEC? ae OF SECURITY RESPONSIBILITIES:

RATINGC ; i y I SALL REQUIREMENTS; RATED A" ON ALL ss *“y RATE

ELEMEN) : ‘i iF { . » }RECORO.

tA Shy i. D ‘Us DETERMINE EFFECT ON ORGANZATIONAL es

PERF . ve 0 BY AHIGHER LEVEL OFFICAL: "UT SUMMARY RATING | -

— TAITIAL ——"ISVEAR peers fATING

SIGNATURES — | oISCUSSION ‘REVIEW OATE neMIeW OATE | OF RECORD “DATE |.

.| SUPERVISOR ’) a * sie 7 ware OM.

— tdi WT ne Wiebe m : 4 A ia

CMPLOYEE . a ; , foi pee eee

a >

(NDIVIOUAL CRITICAL Kiemenive = AND Il MANDATORY FOR ALL, tit, (¥, AND V MANDATORY FOR SUPERVISORS. SUPER\ISORS MAY

SELECT FACTORS FROM ELEMENTS'IIl, (V, & V. WHEN APPLICABLE, CHECK ALL APPLICABLE CAUTICAL ELEMENTS AND FACTORS WHICH’

MAKE UP THE STANOAROS; iF SELECTED CRMCAL ELEMENT OR FACTOR |S DELETED OURING RATING PERIOD, INITIAL AND OATE,

CRITICAL ELEMENT RATINGS ARE DEFINED AS FOLLOWS: “A’- FULFILLS ALL REQUIREMENTS FOR THIS CRITICAL ELEMENT, ‘U"~

cose oer ON, CHARACTERIZED BY SIGNIFICANT WEAKNESSES WHICH AFFECT OVERALL PERFORMANCE. THERE ISANEED FOR -

CORRECTION OF WORK RESULTS AND/OR REMEDIAL TRAINING, BROVEMENT PLAN, INCLUDING =

WRITTEN DESCRIPTION OF “A* PERFORMANCE PROVIDED ON:

eT APPLICABLE | FINAT 1

FACTORS | ELEMENT

7 - ‘a RATING

HCEKERUTION DF DUTIES: Cancietenty AesorapishacTh the Following: wea a

8. Sktilul aC peiforming the specifc tacks required of the position.

b. Understands work procedures and celationship of job lo othars.

d, Organizot resources to get the fob done with quality and on fime;

. &, Proporly follows Instructions,

{. Maintoins.a sense of fesponsibility for a task or project until completion.

- g. Makes doclsions and oporates wilh allention to long-rango stiatcglc inlUatlives of the organization,

: 7’ Effectively manages classified Information.

. Olscharge’ securlty responsibiatios, -

t: on to Increase Lene - gen = at hat bok

kK. Specifis additional] progra Ssion goals (option 4 tot

1) conduct wltrwal wud

are IAT aT aOTERKWOR D TEAMWORK - Consistently Recomnplishos tho Following

‘a. Comnyunicates clearly and orally and tn writing,

b, Builds and maintains Intardepondent relallenships with (ndividua's Inside end oulside the

- tmmodiste organizational unt.

¢, Kedps others Informod regarding werk projects they need to know to a the'r work.

-d. Supports orgarizational efforts to develop effective teamwork.

{. Organizes and prepares to reduce working tn a ctlsis mode when changes \n work priorities and

procedures ocour.

g. Seeks to understand new ideas and work methods,

n Shows courlesy and senpent for co“ wore and other team membors.

Se te

mag 2209 2 foq- excQ_UaAAR

OC) pale | C3

-MEMORANDRUM | * 29 October 2001

From: SPP-212

To: SPP-21-

Via: SPP-20 Ae hs ;

SPP-02 : | *

. SPP-O1

Subject: Pornographic E-Mails Being Sent to Mr. Schmitt’s Government Mailbox’. ;

I discovered pomographic E-Mails being sent to my supervisor, Mr. Lloyd Dichl, across my old

assigned Naval Ordnance Test Unit (NOTU) code SPP-331.. When I became a NOTU emptoyes,

both my supervisor and-me had verbally and via E-Mail notified the SPP and contractor

‘communities of the change in government E-Mail codes. My supervisor had previously held the

SPP-331 goverment E-Mail code prior to his promotiou. [ had just recently completed my

. Standards of Conduct Training when I discovered these porongraphic E-Mails in my mail -

archives; I became very-traumatized, upset and worried over these E-Mails, because f had already

been exposed. to a scantly clad woinan posted in the-work Space and jokes of a sexual nature by

some of my office co-wokers. s. I felt very scared and very much alone now; I did not know which

my of office co-workers to trust any more; these E-Mails violated the public trust, my trust in the

chain of command had also been violated, as well, by, these E-Mails. | began to have severe sleep

disturbances at night over these inappropriate E-Mails... :had these E-Mails already been detected

on my government computer by higher headquarters in Washington, DC?7?...was | atready guilty

by unknowingly associated with it???...was my federal career, my reputation as a dedicated,

honest, hardworking Civil servant ruined by the E-Mails being on my government computer???

tn the following few agonizing days of indecision that followed nPRetection of these E-Mails on

my government computer, I felt deeply hurt, angered, remorseful Witt thoughts of being betrayed

by my own superiors; these are the people I look up to for help, guidance and protection from this

kind of thing, I did my very best to suppress my emotions while at work. Why me, { thought,

why did it have to happened .to me???, ,. why did the command assigned me my supervisor’s old

B-Mail code??? Why did my supervisor anxiously asked me in a staff meeting about whether or .

not I was receiving any E -Maits from Mr. Terrell Adains???.. why didiny supervisor not tell me

he was ‘associating with these kind of people?? Why are they all jaking around this subject area

at work???,. .why did another supervisor call out into the hallway that he had pornography on his

Bovernment computer and no one- cared??? Why is the contractor trying so desperately hard to

offer me personal services???...in return for what??? Why did the contractor tell me that they

have brought down bigger. people than me before??? What does all this mean, I thought, has

someone compromise their government office??? I wes aot aware that my supervisor vulnerable

to this kind of inappropriate E- Mail intimidation and did not have the heart and courage to tell his

. friends not to send him those kinds of i inappropriate E-Mails to him at work...these péople are -

friends. Gh NO, I thought; this is an attack upon my government ‘ethics, between what —

what is wrong!!!

It is the sworn duty of every federal government employee to monitor/screen their incoming E-

Maits in order to make sure that ere no incoming E-Mails which are inappropriate in nature. It is

also the sworn duty of every federal government employee 10, maintain a safe and secure

workplace environment for their fellow federal government co-workers. My supervisor already

PA-79

- emotional and psychological well being was being affected. It was benesting inéreasingly

Co | se, me t. : a

w .

had told me verbally twice in two separate staff meetings when I checked into NOTU that I‘had.

his old government E-Mail address, and he was acknowledging this fact back to me via E-Mails.

_ The stress and strain of these few- horrible days indecision about have to turn in my supervisor’s

friends for hii, after [ discovered the E-Mails on my government computer, was ~—— tearing

me apart inside and became almost unbearzble for me to handle alone.

I knew Thad to act to protect my supervisors, my co-workers, my command and myself from this

horrible E-Mail attack. 1 decided to report the detection of pomographic E-Mai!s on my

government computer to Ms. Elizabeth Fischmann, NOTU’s Ethics Counselor in Washington,

DC. She advised me that { necded to report it to my command, as well. I then reported it to. Ms.

Ann Jones, NOTU unofficial ethics officer. In response, the command sent out an E-Mail’

discipline along with a New NOTU Computer User’s agreemeat form to the SPP. and contractor

communities; but unfortunately, my co-workers, my supervisors and the contractors did not take

the command’s E-Mail discipline seriously and also chose not to implement the New NOTU

computer user's agreement form, cither that was sent out by the command XO. | was now

receiving even more pornographic E-Mails coming in on my new SPP-212 government oode. -

addressed to my supervisor. Again, both my supervisor and myself had notified the SPP and the

contractor communities verbally and via E-Mail of the new SPP-20 codes prior to these

‘pomographic E-Mails coming in on my new SPP-212 E-Mail government code. I now became

extremely sicken and very nervous over this whole E-Mail pornographic issue, my physical,

difficult for me to come to work and effectively do my work, due to lack of sleep over this

pornographic E-Mail issue, while having my government ethics under attack. I now began to

dreadfully feared the thought that my confidentiality for tuming in these E-Mails might be broken

in the near future.

The remainder of my performance record statement concerning pomographic E-Mail being seat

to my government E-Mail box will be continued on my next performance record period of 1 July

‘OL to 30 June 02 as associated E-Mail events continued during this period, as well.

Very Respectfully,

Boog tn Schnitt

Harry M. Schmitt

MSEE, PA

~ PA-80 oe

MEMORANDRUM 1. + 29 October 2001

From: SPP-212 | . ;

To: SPP-21. r

Via: SPP-20 ay Pes

SPPR-02 - ie s

SPP-OL

Subject: FAMILY LEAVE-HARDSHIR aa a

Thad verbally infonned my supervisor; Mr. Lloyd Diehl, during the summer of 2000 when the

-submarine tours were ongoing at the base, of my family situation with my father’s heartand

alcohol problems end my mother’s. failing mental health problems. Even with his alcohol

problem my father did take care of my mother and his family as best as he could with that

- condition. He acknowledged those problems to me-verbaily and wished me tuck with those

personal family problems, |. is , . :

I left an E-mailed with my supervisor, Mr. Lloyd Dichl, that I was taking Family Leave because .

my father was in Sarasota Memorial Hospital suffering from the terminal illness of alcoholism.

My superyisor'was out on travel at that time and had left me in charge-as acting SPP=21. I tumed

_ over the:acting SPP-21 duty to Mr, Yack Joites before departing NOTU for Sarasota, My father’

hung to life with great determination during the weeks to come; but, in the end, the restof the -

‘family knew that terribte discase of alcoholism that my father suffered from for my of his.adult |

life would finally take his life. It was the most horrible, extremely sorrowful and painful event of

my adult life knowing how inch the mysclf and the rest of the family wanted to save him from

' this terrible disease; Gut, there was absolutely nothing I or the rest of family could do except

watch him slowly die from it in the hospital: The last thihg I was expecting, doing this traumatic

event in:my life, was 2 phone from my supervisor asking me when I was coming tiack to work,

To me and the rest of the family in mourning at the hospital, it was an extremely insensitive

phone call. This sent a miessage to me personally that the command ¢°4 not'care what I and the

‘test of the family was going through at the hospital, arid that, my father should hurry up and dio,

so that I could get back to work: My first duty was to my father, my bereaving mother, brother

and sister and seeing.to it that he was treated with dignity and respect being an Army Veteran. I

was still very much in a state of mourning the foss of my father when I returned to work just

before Thanksgiving. In the three weeks that followed I told everyone in the office, including my

supervisor, about my mother’s mental health condition and that the family was in the process‘of

filing all the iniportant household papers. Again, I still very much in mourning and suffering

+ from the Post Traumatic Stress of losing not only my father, but also, my mother, as.well,to

dementia. ate ae ._ a F

I did inform LCDR Stevens‘on his way of the office that Friday of my intention to take Christmas.:

and New Years Leave because again, my supervisor was outon travel. ‘I left the leave Slip in my

supervisor's inbox, but LCDR Stevens, apparently forgot that I had told him that I was going to

take this leaye and to pass this on to my supervisor. During this Christmas and New Year's

holiday leave t finished working getting my mother’s affair in order, as well as, initiating the

guardianship paperwork process with the family attamey.. At this point in time, no competent

family member had access to my mother’s financial accounts to pay for my father’s final hospital

bills, butial expeises, my mother’s doctor's bills; household bills, eto, The family and myself

PA-BL

oe ee

- Were stressed to the limit of seeing to all my mother’s needs in the weeks that followed my

father’s death. aes

Iam as a federal employee entitled by federal law up to 12 weeks a year of Family Leave to deal

.° With these kinds of family problems.. Please, remember that I did not ask for all the post:

- , Qaumatic stress of dealing with these family problems over such a short period of time. It has

been a tremendous shock.to me both physically and mentally; and, Lam coping with the personal

problems as best as I can. I am.open, and would be extremely grateful, for uny further assistance

the command can offer me. F ra

Very Respectfiilly,

Iibe Sch cbr

Mike Schmitt

MSEB, PA

PA-82 as

DEPARTMENT OF THE NAVY

OFFICE OF CIVILIAN HUMAN RESOURCES ——

- GI4 SICARO STREEY.SE SUITE 100°

WASHINGTON NAVY YARD OC 20374-5072

Mr: Harry M. Schmitt : :

“<°7211 Captain Kidd Avenue 7 . ER 28 206

Dear Mr. Schmitt:

Thank you for your letter of January: 16, 2006, to the

. Honorable Gordon R.. England. You expressed concern regarding the

. processing ef your Equal Employment Opportunity (EEO) formal -

~ complaint of discrimination. . Specifically, you alleged that the

: Deputy Equal Employment Opportunity Officer, Naval. Ordnance Test

“Unit. (NOTU), Cape Canaveral, Florida, and another NOTU. official

were coerced into préviding false sworn statements during the

‘ processing of year EEG ‘complaint.

In accordance | with the Equal mnbenet Opportunity Commission

‘Management Directive (ZEOC MD) 110, Chapter S$ IV-D, if a.

’ complainant is dissatisfied with the processing of his/her

complaint, whether or not it ableges prohibited discrimination as a

basis for disSatisfaction, she/he should be referred to the agency

official responsible -for the quality of complaints processing.

Agency officials should earnestly attempt to resoive

dissatisfaction with the complaints process as early and

expeditiously as possible and decument those efforts.

By-copy of this letter, with pertinent Sateen, your

‘concerns. are hereby. referred to’ the Director, Strategic Systems

Programs (ATTN: SPLE-1) 2521 South Clark Street, Suite 1000,

Arlington, Virginia 22202-3903 for action and response, per EEOC MD

110. The agency official responsible for the quality of complaints

processing will add a record of your concerns and any actions taken

tio resolye this matter to the: complaint file maintained on your

underlying complaint... If no action is taken, the file. must contain

an explanation ef the agency’s wedoon (a) for. not taking any ‘action.

I ‘hope this Snteumak the te helpful to you:

‘Sincerely,

ARTHUR C,. BUCK ‘Exz

Staff Director

Copy to: — ; :

Strategic Systems Programs

oa a ‘Si

ail . ; ; Taal

7211 Captain kidd Avenut.

Sarasota, Florida 24284-9748

™ aye 28, 2226

Dat aP lace of Brithi Aug. 6,1960]e Puy 7X

Date of Fr junys 12/16/2022. .

. DAL. OWGR File Nas. CE 2Z04¢EASEF.

Sectal Secuucity Nai 265-26~ #992

: United States Office av , ey Manager ent *

Federal Inves tigatiens Services Divislan..

- Federal Lnvestigatiens Processing Lenter

_ Adu: FOL/PA otf'cer

~. RO. Box 618

1137 Brazachten Road

Bayers, PA 46048-0648

7 Dear Privacy Act Officer!

-Lam writing his lettar to you to jnPoreryai of my medioal

Privacy Act VieJation hy the amployteg Agency, Naval Ondncrnce.

Test Unit, Cape Canaveral Air force Station, Flarida. The

Gmpleying Agency, NOTU, did willfully Sénal m my medion) pecoreds

to Nave! Crimiaal Lavestiga tive Serviee without my win. consent

or knowledge. i request a weittes response letter netifying Fa? my

rights und responsi bilities tn this Peivacy Act VislaHen matter by NoTU -

aS Seonas posidla. THANK you fr year time ond response back tarne. Gob BLESS!

3: cevel ¢

@ ee ay ee ae ee

PA-&# —7 arey £4. Semi:

‘ aoa ice of. Center for Federal Investigative Services

Federal Investigations Process ter

Personnel Management eral Investigations ing Center

Boyers, Fennuytventa 16018-0618 .

ta Reply Refer Tox "+ Your Refeience:..

July 11, 2006

. Mr-HamyM. Schmitt ”

7211 Captain Kidd Avenue

Serasota, FL 34231-4718

. Dear Mr. Schinitt:

violation by your employing agency, Naval Ordnance.Test Unit (NOTU); Cape Canaveral Air

_ , Criminal Investigative Service without your written consent of ‘knowledge. . You requested a

. written apeate notifying im of your — and Fesponsibi lities i in this srt Act matter,

"You enclosed a letter dated Ootober 17, 2003, from the Office of Picesonel Management (OPM)

that. concetns the release of a background investigation conducted on you in 1997 at the request

of the: Department of the Air Force. This investigative file was released to —_— on October 22,

- 203. :

Your inveatigaiive file at orm does riot contain medical records; therefore, we must assume the

medical records referted to in'your letter are maititained by the Department of the Navy, Since

you are alleging these records were inappropriately released, we suggest you contact the

Department of the Navy.. The address for the Freedom of Information/Privacy Act Office at

Navy is: DONPAVFOIA. Policy. Branch, CNO (DNS-36), 2000 Navy Pentagon, Washington, DC

20350-2000. oo

Sineeéely,.

CON 13249-3"

RA-85

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iL Duly 18, 2006 snibacagilet

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= _ Data at Tapes. : i2/tsJecso —___-

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eae Pelvagy Ast oftiesn :

x an wiibing thi lattee de yaw te Inbarn.yas ab ory mtdicnl

Privany Ach Vinlatten hy Hi tmalyeing Agencjy, Macelfedaania———————

Test Halt Lape Canaveral Ale Farce Staton, £ Plestila. The 7

eemalaying: Apensy, Aart, lal wildly Send ny medical nesatele

to the Naval Crbntyal Ea vestigative Stoulen witha ery walter —____—

canseat en kriewled ge . Thia Pas vacy Act Vinletinn hy HOTU was prpaiceed

by Lk ia.ty. eet de the Navy's Egual Empleyment Qopertuntty —— —

Dictator at. the Protegen dated December 10, 200%. T weguasta____—

—_———- ~ ~____}

: waitten response letter netidijlny env obcoy rights and.crspansthilisias. ———

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| Tammy Letten ta the Navy's Equal Emp lay neat Oppartuidye Dlntcten

a Haked December t0, 2004, I shate dny medical prl Kay Conkeres

—bahaut the Navy stnsling an NGLS ageat ‘to pneot sy daicctan's

o__- elieas sald my Rnauledys te sscice.myy carclival recacsle la. amg

ree atabtize, specifically, Dr. Cathy & Milam's otties. As. a.rastter

a — +28 paatessienal. couctasy, D eMilam tntenmed thie Navy's dee,

Te rilrstesinaine Lapent shat by Less she rea. net provide my ee

a hin withaut my written consent ana court vedec. T+. has aluays. i ciidand

em: : heen my understanding under the. Pelvacy Ant, that aneguect.

comet HH Lea medical records by the emplaylng. ney specibically, NOTU, mae

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eres am in August 16, 2006 _._ —_—————

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ee ery honapht bade albentlonad the icblecd:Aiast. By —

om sending an NCES age be Dn. Milams obfice. Mest, Loin

denied my ayopnatanity,. unter the Privacy, det, ta poatole the.

os Cmplaylng agency. »NOTh, with . TE

| T amenclosing the. tmplaying.dyen oy, NOTH, peguesterd rection!

i necend SA diel mah Ann

a y-dactor s! offices, I ask, unden the fe lvacy Act that dhe

—_{tnegiuest Pam meclical ceeveds he. herugiht Ba saya ofpsiecttan Bagh:

es i hedene.seading an NETS agent. te my deztors* othices. THAM k sdiaboa

wingeal Nou tac youn tore aad reply lettec back tome ¢: centesalng my aiid

tile oa | Sik ca Lprtivicy tancerns. Please Lrerined my uedisal pbuacy-cancesos—.

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ee cessing, twohich jocludes med oak: AY

hi ene as, psychology ical tests. Mie has” always.

_-. obeyed . +e lox and... cooperacted ee

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DEPARTMENT OF THE NAVY

OFFICE OF THE CHIEF OF NAVAL OPERATIONS —*= ~

, -2000 NAVY PENTAGON

WASHINGTON, D.C, 20350-2000

IN REPLY REeER TO

5211

DNS-36/6U833315

September 12, 2006 .

Mr. Harry M: Schmitt

7211 -Captain Kidd Avenue

ca eaiiie FL 34231-4718

‘Dear Mr. Semen te: :

This. ‘responds to your. letter of August 16, 2005, which was

assigned DON Case File number 200601025. - ;

You" raised some of. the same concerns in your letter, DON ‘case

File 200601024, so ft will not readdress those here.

Xf you: Wish to provide NOLU with a copy. ‘of your medical. records,

please do so directly. And, I leave all correspondence with the

Office. of: Personnel Management with you.

Accordingly, your correspondence is returned;

I regret: I am unable. to assist. you further.

Sincerely,

{dona Sn ctw

DORIS M. LAMA

Head, DON PA/FOIA Policy Branch

By direction of the

Chief of Naval Opérations

(202) 685-6545

_ Enclosure

Your correspondence

O pr: ©)

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ein He. Reesavasd Setinity Appeals Aoand. based. Span the eaclased decumantnction

Raa —: and corcespaadenct.,. Tnadditian, L have cited atPleme tive det eases; ;

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ae PA-PL sae

DEPARTMENT OF THE NAVY

OFFICE OF THE CHIEF OF NAVAL OPERATIONS

WASHINGTON, OC 20350-2000 , ;

: : IN REPLY REFER TO .

12 September 2006

From: President, Navy Personnel Security Appeals Board

To: Mr. Harry. M. Schmitt

7211 Captain Kidd Avenue

Sarasota, FL 34231-4718:

- Subj: REQUEST FOR RECONSIDERATION OF SECURITY CLEARANCE

Ref: (a) Your letter dated 1 Sep 06 requesting reconsideration of security clearance

1. Your request for reconsideration of’ your security clearance was received at the PSAB

on 1k September 2006. ‘The PSAB is, however, unable to act upon your request because

our appeal decision of 5 Dec 03 was final. ,

2. As you are requesting reconsideration of a security clearance, the request should be

716 Sicard Street, S.B., Suite 2000, Washington Navy Yard, DC 20388-5380. The

request for Reconsideration of your clearance, however, must be made through your

Comsnand Security, Manager. Lf you are no tonger working on a military project or

command, then the request should be made through the command wader which you

worked at the time your clearance was denied or‘revoked.

ae * Should you requite further assistance on how to file the request for reconsideration, .

coutact your command security manager, or DONCAF customer service, at

202-433-8880: :

C; L, KLINB '

President; Department of the Navy

Personnel Security Appeals Board

C) )

PA-92 =

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) afet TnXhanmeahion Ack Baguest- te jar ABC eo. Lamenalesiag....

_—|a nipped the Kessdemed Tinframadinn det Beguest by the.

ee apartaient at the Navy, Headguarters, Navel Criminal Lav estiyadtine

— Seevize, Me. bisda M: Riddle, Tedtnemntionsad Frivary foandinaten,

ee Lauccuaed to Bl, $0.5. 552(h) (CMC) Por. yaa. review And. iaelusian

ounil unclen Hie. pee visians of the. Wahisdleb. ihc Dicadiniedihees Act... _Pueswant

pa paged tan. PAgagiag in acdisity paskacted. uerler 5 U$..§, enon) ai

_cdithabasu of theabene NCES_£OIA Request is being provided te

| Hin. Departmeatod Justicn, Givil higatin, Ms. Tana k, Hogan. THANK Nad)

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i. ah ows <0 Vere ts feces manyes secerereme ¢ — a

caleamlean® ask oae PEPER EDO, FERAL NO ON AOS NE ‘Sincerely;

| ani HaneS M. Schmitt ~~

. U.S. OFFICE OF SPECIAL COUNSEL

; 1730 M Street, N.AY., Suits 218

Wasbiagton, D.C. 20036-4805

_ August 18, 2006

” Mr. Harry M. Schmitt

7211 Captain Kidd Ave.

” (Ref. # FO-06-0625) _

Deat Mr. Schmitt:

1 am writing in response to your letter, dated December 12, 2005. In that letter, you

" asked the Office of Special Counsel (OSC) to provide you with certain records or.

information. Your patience during any delay in resporiding to your request has been.

oy appreciated.

Your request has been seneneeed under both the Privacy Act! and the Freedom of -

Information Act (F OIA).* With respect to the Privacy Act, agencies are authorized by that

act to exempt i a system of records from public access, if the sy stem consists of

investigatory material compiled for law enforcement purposes.” Based on that authority,

OSC has exempted its complaint, whistleblower disclosure, and Hatch Act records from

public access.* For that reason, your request for records or information coamgnns from

public access under the-Privacy Act must be denied.

Access feitrioted by the Privacy Act, however, may be possible under the FOLA =

that is, a POLA request may give requesters access to some records that a Privacy Act

‘request does not. After reviewing your request under the FOIA, and pertinent information

about the records or information that you asked for, my response is shown i in fhe enclosure

‘ with this letter. .

The enclosure lists possible responses seiilioaln to requests for records or

information, including FOIA exeinptions that may be relied on to withhold agency records,

An “X” appears in brackets beside any exemption(s) or other niaabirid applicable to

your request.

) The Privacy Act appears in title 5 of the United States Code, at section 552a (5 U.S.C. § 552a).

? The FOIA:can be found at 5 U.S.C. § 552.

> 5 U.S.C. § 5S2a(kX2).

* See title 5 of the Code of Federal Regulations, at § 1830.5 (5 C.F.R. § 1830.5).

—_ a .

s PARSE O

a . . P .

»~ * ee .

-? ‘ : : +: —

US. Office of Special Counsel

Letter to Mr. Harry M. Schmitt

- August 18, 2006 -

Page 2

Please note that-we have enclosed all documents exchanged betiveen you and OSC,

with the exception of a “zip” disk which appears to have arrived after your case was closed

and which we are unable to duplicate here at OSC. Should you need’a copy, OSC can have

‘ a duplication of the disk made upon your request, with the understanding that you would .

incur the cost of such duplication.

In closing; you have the right to appeal this decision under the Privacy Act, FOIA, or

both. Any such appeal must be in writing, and be postmarked within 30 days of the date of

this'letter, The appeal should be sent to Ms. Erin M. McDonnell, Associate Special

. Counsel for Legal Counset and Policy, Office of Special Counsel, at the address shown at

the top of this letter. Finally, pleas specify clearly whether you are appealing: the Privagy

Act determination, the FOIA determination, or both.

"Sincerely, .

’ Christopher M. Kirt

FOIA/Privacy Act Officer

Legal Counsel and Policy Division

Enclosure(s):

PA-25

Enclosure

——

U.S. OFFICE OF SPECIAL COUNSEL

1730 M Street, N.W., Suite 218

Wasblagton; D.C.’ 20036-4505

Determinations (# FO-06-0625)

Please note: Unless you specified otherwise in your request, it was assuined that you were

not asking for another copy of any information that you sent to the Office of Special

Counsel (OSO), or that OSC sent to you. Lf that assumption was wrong, please notify

the Legal Counsel aud Policy Division representative identified in the accompanying

letter, and a copy will be seit to you. Written notification can ne pe to (202) 653-

$161, Citations below ave to the Freedom of Information . Act (5 U.S.C. § 552).

A. Enclosed is a copy of some of the records responsive to your request. Other cesporsive 4 [.J

records cannot be provided for the reason(s).checked below.

B.. Information covered by your request is withheld under the authority of FOJA excmption2, | [X]

. because the information relates solely to internal agency personnel rules and practices. .

This exemption applies to administrative records such as correspondence control

information, routing slips, administrative data forms, case tracking information, and

computer or other administrative codes. § 552(b)(2).

C. information covered by your request is withheld under the authority of FOLIA exemption3, { }

because the information is specifically exempted from disclosure by another statute (other

than the FOIA). § 552(b)(3).

dD. Information covered by your request is withheld under the authority of FOIA exemption 4, [ J

‘ because the information consists of privileged or confidential trade secrets and

commercial or financial information. § 552(b)(4).:

E. Information cevered by your request is withheld under the authority of FOIA exemption 5, {| [X]

because the information consists of one or more inter-agency or intra-agency memoranda

normally protected from discovery in civil litigation, based on one or- more legal

privileges, § 552(b)(S). These include-the attorney work product privilege, and the -

Cir. 1987). ‘

F. Information covered by your request is withheld under the authority of FOIA exemption 6, -

because the information is contained in personnel, medical, or similar files, the disclosure

of which would constitute a clearly unwarranted inyasion of personal privacy.

§$'557(b){6).

(continued on next page)

~ PA-B6 4

; TF ; 2

“Deter minations (# 0-06-0625) ae

Page 2o0f3

G. Information covered by your request is withheld under the suthorhy of FOIA ducagtion 7, 1,

becaiise the information was compiled for law enforcement panpoeen and because— ~

ae aaa ett he heii tet td ete TEE EEL LTTE LLL

e disclosure could necnnahly be expected to interfere with enforcement #3

* proceedings. § $52(b)(7)(A). |

¢. disclosure’ would deprive & person of a right to a fair trial or vocal tj}.

- adjudication. § 552(b)(7)(B).

e disclosure. could . ‘reasonably. be expected to constitute an unwarranted [X]

invasion of personal privacy. § $52(b)(7)(C).

. disclosure could nancy be expected to disclose the identity of a’ [ ]

" confidential source, including a state, local, or foreign agency or authority, or

any private institution which furnished information on a confi dential basis.

§ 552(b}(7)(@).

e disclosure would Anlien techniques. and semnedamne? for law enforcement [ }

investigations or prosctutions, .or would -disclose guidelines for law

enforcement investigations or prosecutions, and disclosure could reasonably

be expected to risk circumyention of the law. § 552(b)(7)\(E).

e disclosure could reasonably be expected to endanger the. life or physical : F )

safety of an individual. § 5$2(b){7)F). ;

H, Information that originated with another federal agency has beeri referred fo that agency {]

for a disclosure decision and direct — fo you. A copy of our referral letter is

enclosed, ;

I. - OSC keeps its files for periods of time scheduled by the National Archives ‘and Records 1 [ 7

Administration (NARA).. Tho file containing the information that you asked for. was

destroyed in or about » in accordance with the NARA

schedule for such files. The only cecord of the file is an 1 administrative data form (known

as-a “profile”) generated by- our computerized case tracking system. - The profile

documents actions taken by OSC during its handling. of the case. ‘In Siew of the record(s)

that you asked for, a copy of the profile generated in connection with the receipt of your

FOU request is enclosed,

VJ. Identifying information about one or more other persons listed on the profile described in | [ ] [>

item I, above, has been deleted, pursuant to —, 7(C) of the FOIA (sce item G.,

above).

K. The FOIA is a means by which to request access to existing documents. Agencies arenot | { ]

required to create records to respond to FOIA requests, nor are they required to answer

questions posed as FOIA requests. See, for example; DiViaio v. Kelley, 571 F.2d at 542-

~ 43 (10th Cir, 1978). Lam, Gearetene, unable to process the questions im your request under

the FOIA.

(continued on next page)

PA-97

faa ‘

é , wna 4 : a /-

— e ™

Determinations (4 FO-06- 7

Page 3 of 3

L. It appears that you also wanted records (if such records exist) from other federal agencies. | [ J

OSC has no authority to respond to requests for. récords of other agencies, A list of the “

principal FOIA offices for other federal agencies, with contact information, can be found at

the Department of Justice web site, at Attp:/Avww.usdoj.gov/04dfoia/foiacontacts.jum. You

-need to send your request to’ the FOIA office for. each agency from which you want to

request records.

= ‘| M. It appears that you also wanted records (if such records exist) from another federal agency. { ]

OSC has no. authority to respond to requests for records of another agency. Contact

information for the principal FOIA office in the agency described in your request is as

follows:.

N. Other (describe): 7 {]

QO. Fee and payment st inPstion: Your request required the copying of __ pages. Under OSC’s FOJA

fee-schedule, the first 100 pages-are provided to you at no cost.’ ‘The ‘additional __ pages are

provided at a cost of 25¢ per page,’ foratotalof$ . . Please send a check or money order in that.

amount to OSC. Your check or money order should t ber made payable to “U.S. Treasury.” Please

note that interest may be charged if payment is uot received withi n30 days ¢ of the date of

billing.

P. Comment(s):

1. SCRR. § 18204.

> 5 CFR. § 1820.6(a)(3).

1 5 CE.R § 1820.7{d).

U pa-98 O

OSC Forn 483~CEU (Rev, 202), ee eae _*s -§) OMB Contrat No. £255-0003

Ry: : ae , (Exptratiox 2231705)

OFFICE OF SPECIAL COUNSEL (ose) SURVEY

(FY 2002)

* Please clrele the letter (a.,ti,,'c. » dy etc. J that best responds to.éach question.

, Select only one answer per question, untess you aré asked to'elrclo all answers that. apply to a question :

: a e term "N/A" In fesponses aa some questions moans “Not Applicable." - ~

1. “Has the federal agency where you Work (or the agency where ya worked most recently, if you arono

longer employed b y a federal — informed you about your rights and remedies with regard fo

aS ve porsonnel practices

Yes

b. No c. Do not recall d. Never employed by a federal agency

2. - How did you first become aware that _ could file a complaint with osc?

@) OSC Web site b. OSC speaker | c.’ OSC brochure: a osc poster

0. ‘Hews Slory. ane, * -tgeney personnel office g. union * fi. Co-worker

I. other. (please describe): en eee

, Date Epproxinete):

3. What Was the subject ofthe allegation(s) in your complaint? (Circle all that apply. )

Combination of. reprisal for whilsteblowing and other prohibited personnel! meee

b: Reprisal for whistleblowing onfy ‘

c Prohibited personnel. practice other than reprisal for’ whisleblowing

a. Hach Act (unlawful political activity) ° :

@. Uniformed Services Employment and Reemployment Rights Act (USERRA)

f. Arbitsary and capriciqus withholding under lhe riqadom of Informat! ‘on ‘Act t (FOIA)

. o Other a6.

a. Was yoor sinntiieal successfully resolved a at OSC? - . ;

- a Yes (Skto to question 7). by Partiatty @ No d. Do not know, or N/A

LAINTS (GENERA

8. What reason did OSC give for — your complaint without obtaining the relief that you sought?’

(Circfe ‘all that apply.) -

. @ Noose Jurisdiction over your postion, the agency, or agency officlas) involved in the complaint .

Bor peteonriel’ action(s) taken by the agency involved

: c, .OSC could not disprove the ‘agency's Slated reason(s) fcr the action(s) involved In your complaint

m * Insuffictent evidence that the action(s) Involved in your complaint violated a law or reguiation °

_*,"@. You-or OSC settled the matter witti the agency Involved

ff. You declined corrective action offered by the agency InvoWved

*g. You withdrew your complaint

h. OSC filed a petition with the Merit Systems Protection Board wares for corrective action

J. OSC dblained a decision fa the corrective action proceeding filed with the MSPB

p> Closed for further action on discrimination allegations through EEO processes ; =

k, Afier OSC’ 's referral of the complaint to tnvestigation and Prosecution Divisions for fleld investigation, matter

'. Was (6Solved ihraugh. the OSC Mediation Program’ . An

1. Other. ; , .

m. Do not recat ae 7 ie : (continued, over)

PA-99 zs

REPRIA, FoRWSiLERLOWNG ALLEGATIONS ae yun mene included n n9 allegatian(s) of reprisal fot.

.». Whistlebiowing, skip to question 7)

6. What reason did OSC give for closh lng.dny reprisal for whistleblo wing allegation ia your complain without

obtelning the rellef that you Sought? (Circle all al thatapply.)

Be Information that you disclosed did not appear tobea legally protected disclosure

'b, Your disclosure Gceurred after the Pergonnel action(s) Involved in the allegation

c. * Insufficient proof that agency officials) who took the ¢ action awe in the eee cae knew of your”

‘disclosure :

.. @& tnsufficlent proof of connection between your disclosure and the personnel action involved in the allegation

~ "@. You filed an individual Right’of Action (IRA) or ‘other appeal with the Merit Systems Protection Board

(MSPB) a

€). other, froth er, Ger, aig , sn false « aa sn ial é te a a wgen De. Word, :

g- Do.not recall

7 7. How would you rato the service provided by ose in each of the. folowing areas? |

ts Very Satin b, ‘Satisfied . c, No Opinion, orNIA d. Dissatisfied --e:. Very Dissatisfied

"(Oral Communteations: eo yee Sahel = -

my Satisfied b. Satisfied c. NoOpinion, or N/A.’ d. Dissatisfied: . & Very Dissatisfied .

‘

itt (e) munleations: ; pale ae pa aes

ery Sa d Salisfled __& NoOpinion,orN/A «di Olssatisfied e. Very Dissatisfied

-“Tinteliness:. Tice : RE . a aa + ilar a Se

Very. Sims b. Satisfied - .* No we Leo d. Dissalisfied 8. biden qos h,

Results: cm -

a. Very Satisfied. - b: Satisfed” c. No Ophnion, orN/A d. Dissatified ‘Very Dissateed

_ 8. Did you fi ilo an individual Right of Action (IRA) or other appeal with. the MSPB in connection with the

same evonts that you reported in your complaint-fo OSC?

9. Dla you ask for the same rellef that you sought from osc?

a. Yes _ b. No c. Do not recall ;

40, Were | you. successful at the. MSPB in nabtaining the same relief that you sought from osc? é

; a. Yes b. . Partial Ae a c. No” d. Appest pending

e 14. 1f the ingwer to wheatiins 10 was’ “yes!” or? “partially,” how did you obtain that retlof? ;

- Settiement b.. Decision after heaiing - c. Other< -

12, We invite your comments or ‘Suggestlons on specific ways tn which osce could improve its service:

c néeds LF, Co. ok; iY h A tel Poo dehlptle blowhe

43. OPTIONAL: You do. not tiave fo Ss peialdels your name or case euiter below, if you “i Wiowiysi, the

information may assist Osc in following up, as needed, on your comments or suggestions,

Your name: Harey Michael Schmitt ($0-242)- - OSC Case Nu mberMAO2 -4758

| ’ Thank you u for taking the time to complete this survay, To retum It to osc,

* mail the origina! survey 7m in tho enclosed business return envelope provided for " sutvey returns onily.

O Pato” z :

- ‘ e “a

a - Pus sane

: P

650 Dixon Blvd., Apt. #22B

Cocoa, Florida 32922-7542.

’ December 4, 2001 -

Mr. Paul L, Mc Kean i ¥ vers ; Be Pek

Sarasota Florida 34231 |

Dear Mr. Me Kein: ys Pater 2 oe ak oe o:

t sand to make. your office aware of the unacceptable behavior of my. mother'i > guardian,

Mr. Gary Burton Schmitt. I have informed you several times via office visitsand

telephone calls tegarding my mother’s guardian physically attacking mo, while under the °

influence of unknown substances, without provocation, resulting iri physician ie

documecnicd personal injuries, threatening physical } violénce against my sister’s husband,

Mr. Steve Neelley, and fastly the guardian’s suicidal comment that he “can’t wait to get’

to the other side and beat up dad's spirit”. ‘My mother's guardian admitied to me that he

is an alcoholic and associates with known alcoholics, such as, Mr. Kevin Evans;. ~

" however, my mother’s guardian reflses to seek any professional help in treating his

_chronic alcohol and smokin

This text is long and has been trimmed here. Open the source document for the complete record.

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.