22 U.S.C. § 4008

Retirement based on failure to meet standard of performance

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(a) The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.(b) In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with section 4009 of this title.(Pub. L. 96–465, title I, § 608, Oct. 17, 1980, 94 Stat. 2097.)

Notes of Decisions

Cited in 5 cases, 1989–2007 · leading case: Wright v. Foreign Serv. Grievance Bd., 503 F. Supp. 2d 163 (D.D.C. 2007).

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Wright v. Foreign Serv. Grievance Bd., 503 F. Supp. 2d 163 (D.D.C. 2007). · cites it 2× “See 22 U.S.C. § 4008 ; see also Defs.’ Ex. 4 at 9; Defs.”

Francis S. Hall v. James A. Baker, Sec'y, U.S. Dep't of State, 867 F.2d 693 (D.C. Cir. 1989). · cites it 3× “) at 1; 22 U.S.C. § 4008 (a) (providing that “administrative review of the performance of the member .”

Bettucci v. United States, 14 F. Supp. 2d 45 (D.D.C. 1998). · cites it 3× “The Board subsequently referred Bettucci’s evaluation file to the 1987 Performance Standards Board (“PSB”) pursuant to 22 U.S.C. § 4008 . 1 This Board concluded that Bettucci did not meet the requisite standards of a grade FS-01 officer and it was recommended to the Director of…”

Ackerman v. United States, 324 F. Supp. 2d 1 (D.D.C. 2004). “22 U.S.C. § 4008 (b). The Foreign Service Act provides a three-step grievance procedure for employees seeking review of the PSB’s decision.”

Gonzalez v. U.S. Dep't of State, 135 F. Supp. 2d 193 (D.D.C. 2001). “22 U.S.C. § 4008 (b). The Foreign Service Act provides a grievance procedure for employees who wish to seek review of the PSB’s decision to separate them from the Foreign Service.”

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