Chisholm v. United States

This case is before the court on cross-motions for summary judgment. Plaintiff, a veteran preference eligible, was given an unsatisfactory performance rating, after the required 90-day notice had been given him, and on the basis of this rating he was separated from the service.

The grounds for plaintiff’s motion for summary judgment are: (1) the refusal of the Civil Service Commission to review the merits of his unsatisfactory performance rating; (2) the alleged denial of his right of counsel in the hearing on review of his unsatisfactory performance rating; and (3) failure to comply with the…