Wilborn

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Presently before the Court is defendant’s motion for summary judgment.

BACKGROUND

Harold Wilborn (“plaintiff’) is an African-American male employed as a Supervisory Law Enforcement Communications Assistant (“SLECA”) with the San Diego Sector of the United States Border Patrol, Immigration and Naturalization Service (“INS”). He receives compensation for a service connected disability for which he was honorably discharged from the Navy. Plaintiff began working for the Border Patrol in 1986 as a probationary electronics technician. The Border Patrol terminated plaintiff on June 5, 1987 for unsatisfactory performance. (Df.ex. A2, A12). The Border Patrol then hired plaintiff as a Law Enforcement Communications Assistant (“LECA”) in late 1987.

In November, 1997, plaintiff applied for a promotion to Communications Sector Department Head, SLECA, GS-1802-9 (the GS-9 position). On January 20, 1998, the INS informed plaintiff that another applicant, Gordon Markham, had been selected. Markham’s selection, however, opened up a vacancy for Shift Supervisor, SLECA, GS-1802-8 (the “GS-8” position). Plaintiff applied for a promotion to…