Ralph Louis Vitale, Jr. - Page 3




                                         -3-                                          
          at trial, are incorporated herein by this reference.  Petitioner            
          resided in Arlington, Virginia, when he filed his petition.                 
               Petitioner holds a bachelor's degree in marketing and adver-           
          tising from the University of Maryland.  Towards completion of              
          that degree, he earned more than 24 credit hours of study in                
          English, journalism, and speech.  Petitioner worked 40 hours per            
          week for the U.S. Department of the Treasury (hereinafter                   
          Treasury) as a budget analyst until January 1997, when he retired           
          after more than 35 years of service.  He had been employed at a             
          GS-12 pay grade.  As part of his job, he was required to "write             
          budget justifications, procedures, and other written material by            
          applying professional level writing ability to create high                  
          quality written work."3  In an office staffed mostly by                     

               3This describes one of the six critical elements of peti-              
          tioner's job as a budget analyst at the U.S. Department of the              
          Treasury.  In a report of petitioner's performance for the period           
          Jan. 1 to Dec. 31, 1994, he was given a rating of "outstanding"             
          in meeting this element.  The level of performance required for             
          an outstanding rating exceeds the requirements for an "excellent"           
          rating.  A rating of excellent was described in the report as               
          follows:                                                                    
               Writes budget justifications, statistical reports,                     
               procedures, guidelines, and other written materials in                 
               a manner that is clear, concise and correct.  Particu-                 
               lar attention must be given to grammar, spelling, etc.                 
               The written product must be able to communicate ideas                  
               in an effective manner.  Demonstrates a special talent                 
               for writing narratives.  Ideas are concise and clear in                
               their presentation, as indicated by few follow-up                      
               questions being asked by recipients.  Grammar and                      
               spelling are excellent.  Paragraphs and sentences are                  
                                                             (continued...)           






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