in the air force to your boss providing services you have to go through a certain sort of process now happens is you have to go to the person who is licensed mental health treatment and have a face to face further procedures and there is too you can't get to can't quibble with the fact that that some rehabilitation program was necessary  we knowledge he had an obligation to rehabilitate and the fact of the matter is that he was given the names of some rehabilitation centers and i mean you argue the niceties of all of this but nonetheless he was given the names of some rehabilitation rehabilitation center he went to one at least one session then he returned again for a second session and never showed up for anything after if if i were in his shoes and i had failed a drug test and my job was on the line and i knew i had to complete some rehabilitation program and i was given the now i would go with  can and it wouldn't matter to me whether they had a program for me or not i would just go there and sit there and complete it but it's not that hard there are two problems with that was you can create incentives for the agency to enter into a the program and that is why they're supposed to have to stop and that's why he is supposed to make that decision because once you delegate he why can't you come in here just say i didn't complete the program because i went there they didn't have anything else for me therefore that everything i have to do because if i have discretion in order to decide for myself and that's a decision i'm going to make the agency would like that we made that decision would be a silly argument but i think that what the agency argument would tend knew that he had to register in a rehabilitation program within five days and actually even filed a request for an extension to fourteen days in order to find it so it's kind of difficult to believe he had no notice when he in fact responded  put forth in a plan then he pled mirror image rule to what their client says to that we could interpret it if there's a failure and then at the end of the day it boys signs that and so we know exactly what was meant or we wouldn't have these problems if the employee at the agency followed its own procedures but the failure of the agency even provided a person like this to providing guidance was the primary problem because then we got in front of the aged and she said well  supervisors don't have to do it anymore this we agree that the supervisors didn't have to do any more than that what the supervisors had to do was consult with the sub before i made any decision to remove employees if you look at the  program but that he's not going to get into the fact that the agency just changed the standard the standard is he must refuse to obtain counseling in or program under the ego which imposes upon it the obligation to follow them to go which means you  give a referral separate for a plan and then that is what he tells you not the general statement that you have to do something sometimes under some circumstances rather there must be specificity and if there is not specificity there is not proper notice here within the context of the drug and there's no opportunity for the employee to go beyond that if you described to you in terms of what was supposed to have occurred in this case are not the patients and post under the drug testing plan and in fact this argument in terms of the referral plan secrecy alleges are supposed to exist or not and raise the administrators judge the issue raised the them and the board sustained her finding that he was in fact referred and that the agency met its obligations under the drug testing place where if you received notice to report to the social actions office employees distance pro help him directly because the appellant was a civilian not a military person and my understanding is he didn't actually refer him to any program to it rather referred to people who might refer him to program your honor but the military officer did was give him references that could be of references and contacted the people who say he had to provide it he then she examined these two different programs davis and bieber he chose to enroll him to be her program he then stopped going to his appointments after being told he may be removed from federal service for the promise that he had made and he did not respond to the request for possible for the treatment we were contacted him in december and said we have heard from you if you are interested in continuing therapy you need to let us what was referred to in his amended proposal to remove he was on notice of what the even this conduct was there was no change in any standard in terms of the refusal now it is true that the drug testing plan does didn't challenge his discharge from weaver of human services he's never questioned that he did not come to the never stated that he did not complete that program the judge considered the evidence before her and considered this tated drug user and i'm rehabilitated or not then i mean user who makes disturbing comments about workplace violence does not belong in the military as a federal employee we need a safe and secure environment  for any individual who is just an employee of the mechanic to know which of these many things he can do the airports there's no way any of us on the airport would want their voices to go out and sign up themselves for the lowest level of rehabilitation is under no obligation to go out or find something and to pay money at the risk that he will go to that one do thirty days and they'll say try to get in or else you tried your job is gone because there's no reason to be happy or why they would not  quick rehabilitation program well as a practical matter i would tend to agree with you and as an older brother in the situation is that you made that clear that under the under my attorney relationship here i don't think that that is relevant to the terms because his audition for or mostly come after they've already been born and so it's not just a mere legal distinction i think you're right it's a practical matter but i think as a legal matter you cannot impose these legal sanctions on the her he walked out he had subsequent points which he skipped so so i'm having trouble because you had notice where he had notice of what he was to do and then he didn't do it so