31, 1985, "Supplemental Report" constitute an untimely rejection of the Report's findings in plaintiff's favor, the Court finds that defendant adopted the "Supplemental Report." Accordingly, the Court will grant plaintiff's motion for partial summary judgment, and will issue an Order, of even date herewith, memorializing this Opinion.
ORDER -- May 12, 1988, Filed
In accordance with the Opinion in the above-captioned case, issued of even date herewith, and for the reasons set forth therein, it is this 12th day of May, 1988,
ORDERED that plaintiff's motion for partial summary judgment shall be, and hereby is, granted; and it is
FURTHER ORDERED that the findings and recommended decision in the Report of Supplemental Investigation of the Equal Employment Opportunity Complaint of James E. Brown, Department of the Army, dated October 31, 1985, shall be, and hereby are, adopted as the findings and decision of this Court; and it is
FURTHER ORDERED that judgment shall be entered in favor of the plaintiff to the extent required by the Court's adoption of the EEOC decision in the Report of Supplemental Investigation, specifically:
-- judgment shall be entered in favor of the plaintiff on his claim of discrimination by reason of reprisal, and
-- judgment shall be entered granting plaintiff a promotion to a GS-9 position similar to the position denied him, and such promotion shall be retroactive to August 21, 1975, and
-- judgment shall be entered awarding plaintiff backpay, including all within-grade increases, pay adjustments, and any promotions that may have accrued by way of restructuring or reclassification of that type of job; and it is
FURTHER ORDERED that the parties shall appear for a status call on June 17, 1988, at 10:00 a.m.