Fred E. Williams, Jr., Petitioner, v. Department of the Air Force, Respondent, 891 F.2d 299 (Fed. Cir. 1989)

Fred E. Williams, Jr. (Williams), appeals from a decision of the Merit Systems Protection Board, docket number DA04328910161, affirming the decision of the Department of the Air Force (Air Force) removing him from his position as a contract negotiator. The Air Force removed Williams because of his unacceptable performance in five of the seven critical elements of his position. We affirm.

OPINION

The record supports the Administrative Judge's (AJ's) finding that neither the "simple" work assigned to Williams, nor Williams' supervisor's use of arguably foul language, prevented Williams from demonstrating acceptable performance during the opportunity period. We do not reach Williams' argument that Air Force Regulation 30-30, Standards of Conduct, was violated, because Williams did not raise that argument before the AJ.