Weber

I. BACKGROUND

On October 1, 1997, Dr. Weber was appointed to the posi- tion of staff radiologist at the Veterans Administration Medi- cal and Regional Center (“VAMC”) in Fort Harrison, Montana, pursuant to 38 U.S.C. § 7401(1). Dr. Weber’s appointment was initially temporary, but the VAMC con- verted the position to a full-time staff position on December 7, 1997. As mandated by 38 U.S.C. §§ 7403(b)(1) and (2), Dr. Weber’s appointment was subject to a two-year probationary period and to board review. Section 7403(b)(2) states, in per- tinent part:

The record of each person serving under such an appointment in the [m]edical . . . [s]ervices shall be reviewed from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. WEBER v. DEPARTMENT OF VETERANS AFFAIRS 523 A summary review board convened to review Dr. Weber’s appointment on August 2, 1999. On August 12, 1999, the board issued findings and a recommendation that Dr. Weber be separated from his employment effective September 13, 1999. The board found that no single…