Jack,
I am not sure if it is comical or tragic! It would make most people gasp if they knew what PHS due process looked like.
It struck me as bizarre that they seat their version of the PEB with members who are tasked with sitting on one board only. They give these senior officers the tasking, they show up for an orientation, then sit on the board the next day, never again, in the vast majority of cases, to sit on another board. The head of the MAB section (who is responsible for the "informal boards" findings) sits in on the formal board and sits with the formal board in deliberations to "offer advice or answer questions." This is such a far cry from what the law requires in terms of fairness (and now, under the 2008 NDAA in training for PEB members) that it is difficult to see how they can run things like this with a straight face.
When I first posted this thread, it was relatively soon after my leaving the Army and I did not know where the interest or need would lie in various posts. I wish I had more time to devote to all the posts and issues, and these PHS issues have not gathered much attention. I can say that I am still pursuing a case in front of the PHS, which is likely to shortly move to US Court of Federal Claims due to their giant backlog processing BCMR cases. I will update when there is final resolution.
The process at the PHS would make you laugh, except you have to get past the tears of disbelief.