George W. Maschke,
I had a similar experience with CBP. I applied for the CBPO position on both the 2012 and 2013 job announcements. I am a disabled veteran as well. I passed every portion including the Polygraph in 2012 and tripled the standard during their fitness test but my process was stalled due to an erroneous entry in my VA Medical Records and a request for my full Military Discharge records with Reason for Decision. I requested the my full record which at the time was in another state and was brought to the Newark VA Regional Office. CBP gave me 10 business days but the records took over 8 weeks. So even with an extension the records were received out of time and my offer was retracted which I accepted. I reapplied within less than a month for the 2013 Announcement so the items that I previously passed were still valid. The Medical records were brought up again but this time I had my full record available. I went to the VA for a referral for a Family Counselor for me and my wife for the loss of two children (Grief Counseling). During this application process I was asked to undergo multiple evaluations at my own expense one of which was an Orthopedic evaluation for something in my Service Connected record. That Doctor reviewed my medical records during the evaluation, saw the referral request for a Family Counselor and in his evaluation report he stated "Patient has a History of PTSD"! I have never had PTSD, was never Hospitalized nor Medicated for that or any Mental Health issue in my entire life. I was then subjected to 5 or 6 Mental Health evaluations even though the referring Mental Health practitioner stated that the Patient has never had PTSD, the Orthopedic Doctor (who is not a mental health practitioner and in no place to make that determination) officially corrected my VA Medical record to reflect the same, wrote a letter of apology for the grievous error and his Section Chief personally gave me an updated Orthopedic evaluation to no avail. CBP continued to insist I had PTSD even though they had my Full Ser4vice Record and evidence to the contrary. I filed and EEOC complaint Pro Se for Violations of both USSERA and the Vietnam Era Veteran's Act (Discrimination Against a Disabled Veteran and Discrimination for a "Perceived Disability") which is presently before an Administrative Federal Judge. I applied for the 2014 Job Announcement and was asked for an outside evaluation again but this time along with the Referring VA Doctor's records I paid $600 for a Psychological Evaluation by an Agency that does Psych-Evals for all levels of Law Enforcement. I received a PASS on that evaluation and the Medical was no longer an issue. At the same time I applied for a job with Immigration and Customs Enforcement and received a tentative offer. During this process I was subjected to 4 Polygraph examinations at the Newark Office and was told that there was something wrong with each exam. next I was asked to go up to JFK Airport for a Final Exam with John Gordon and received a FAIL on the same Polygraph that I passed a little over a year before so they retracted their offer. Now at the Pre-Trial Conference with the Administrative Judge CBP's Attorney tried to introduce the information of the failed 2014 Polygraph (even though I previously passed the same exam Administered by Mr. Gordon). The Judge denied their request stating that 2014 application process has no bearing on the case and or complaint of Discrimination. I have shared both similar and different circumstances as did Username "11x-RANGER". The Attorney requested Formal Mediation to settle the complaint. I went to Mediation in an effort to settle this matter. All I wanted originally was to get past this obstacle and be placed in the next academy class but since I have a final Offer from DHS/ICE the job was no longer an issue. At Mediation made an insulting offer for their multiple counts of Discrimination which the Attorney stated was for my "INCONVENIENCE"! I rejected their offer and they spent the rest of the day sabotaging the Mediation. Now I have no choice but to go before the Administrative Judge for a fair remedy. CBP is banking on the fact that due to my ignorance of EEOC Law and Procedure they may be able to win the case. I won't drop the case because if the Judge rules in my favor, it will set Legal Precedence and will help other Veterans that become victims of discrimination. The whole point is even if I had PTSD, which I do not, it is not a disqualifying condition of employment. I personally know several Law Enforcement Officers that work for ICE (which is a sister Agency of CBP and both under DHS) that are service connected for PTSD, Operation Iraqi Freedom and Enduring Freedom War Veterans and it does not affect their job. I, on the other hand, do not have the condition, was erroneously labeled as having PTSD and denied employment due to Discrimination of my Service Connected Disability.