Board for Correction Case No. 110-90

109.00 Appointment as Commissioned Officer
Change appointment date

Board for Correction of PHS Commissioned Corps Records

Recommendation of the Board for Correction on Request of: Xxxxx x xxxxxx, xx., Docket No. 110-90

Board for Correction of PHS Commissioned Corps Records

Xxx xxxxx filed an application with the Board for Correction of PHS Commissioned Corps Records dated Xxxxxxx x, 1989, asking that his date of appointment to the PHS Commissioned Corps be changed from Xxxxxxx xx, 1979, to Xxxxxxx x, 1979, to correct a technical or procedural error that caused him to receive $9,199.86 in Retention Special Pay (RSP) for which he is now indebted. He is currently assigned to the Centers for Disease Control.

prior to Xxx xxxxx' appointment to the PHS Commissioned Corps, he had served as a Medical Officer in the xxxxxxxxxxxxxxxxx. He separated on Xxxxxxx xx, 1979. He alleged that when he separated, he requested that his appointment to the PHS Commissioned Corps be effective on or about Xxxxxxx x, 1979. At the time, he was under an RSP contract that ended on Xxxxxxx x, 1979. He was not eligible to receive RSP until he completed his contract. Unlike the PHS Commissioned Corps, the xxxx paid RSP at the end of a contract year rather than at the beginning. However, when he separated, the xxxx paid him the full amount due under his RSP contract even though he had not completed it. He said he accepted the monies on the advice of the employee who processed his separation papers, only to find out at a later date that he was indebted for the amount received.

On xxxx xx, 1989, Xxx xxxxx filed an application with the Board for Correction of xxxxxxxxxxxx seeking relief from his indebtedness. That Board wrote on xxxxxx xx, 1989, that it would give favorable consideration to correcting the date of his separation from Xxxxxxx xx, 1979, to Xxxxxxx xx, 1979, but that doing so would overlap his service with the PHS Commissioned Corps. Xxx xxxxx has asked the PHS Board change the date of his appointment to eliminate this overlap.

The Division of Commissioned Personnel (DCP), Office of the Surgeon General, has no objection to changing Xxx xxxxx' appointment date from Xxxxxxx xx, 1979, to Xxxxxxx x, 1979. In doing so, he would have to repay the: Public Health Service $519.72, the amount he had received for the period Xxxxxxx x, 1979, to Xxxxxxx x, 1979, (six days). To accommodate him, DCP would have to retroactively amend his personnel order appointing him to the PHS Commissioned Corps. However, DCP is not legally able to issue such an order, since it is precluded by a ruling of the Comptroller General from issuing retroactive orders. The Board has to authorize DCP to issue the order.

The merits of Xxx xxxxx request have been reviewed on the basis of the documentation submitted. However, we did not believe the facts and issue in Xxx xxxxx request justified processing it through the complete case development cycle, including a meeting of the Board. We also wanted to expedite the processing of his request to avoid any further delay in rendering a final decision.It was, therefore, sent to the Board for review and approval in compressed form.

The Board concluded that Xxx xxxxx had suffered an injustice. He had completed all but 16 days under his RSP contract; xxxx policy did not allow him to receive a pro-rated payment. Further, Xxx xxxxx demonstrated his commitment to the purpose of the RSP program by continuing his service with the PHS Commissioned Corps.

Accordingly, the Board recommends that Xxx xxxxx be granted the relief requested. Approval of this recommendation requires that his record be corrected to show his appointment to the Commissioned Corps as of Xxxxxxx x, 1979, instead of Xxxxxxx xx, 1979, and that he repay the Public Health Service $519.72. Approval of this recommendation also requires granting DCP the authority to issue a personnel order changing Xxx xxxxx appointment date and the authority to issue other orders made necessary due to the change in his appointment date.

We certify that this recommendation reflects the views and action taken by the Board on Xxx xxxxx request, and that it has been concurred with by the Board members.

We certify, I, contains request and regulations in arriving further, that the Case Record, shown as Attachment all of the documentation submitted on Xxx xxxxx that, in addition to applicable statutes, and policies, it has been considered by the Board at this recommendation.

Finally, we certify that a quorum of Board members considered this request.

Attachment

(1) Case Record

Reviewed and Approved:

I hereby approve the recommendation of the Board for Correction on the request of Xxx xxxxx received and considered in accordance with the authority of Section 221a(a){12) of the Public Health Service Act (P.L. 96-76, as amended) and 42 U.S.C. 213a(a)(12).