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Board for Correction Case No. 011-82

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Board for Correction Case No. 011-82

109.00 Appointment as Commissioned Officer - Change tour of duty date

Record of Proceedings - Case No.011-82, Xxxxxxxxxx

Pursuant to the provisions of Title 10 U.S.C. 1552, Subject, hereinafter referred to as the petitioner, filed written application contained as part of Attachment (2) with this Board requesting that error did occur in the reporting of his appointment and tour of duty dates.

A hearing was requested and administratively denied on the grounds that the merits of the case could be efficiently presented through documentation. Xxxxxxxxx was notified of his option to request reconsideration of the hearing denial and was granted 45 days in which to do so. Xxxxxxxxx did not request reconsideration of the hearing.

The Board considered all documenting evidence, statutes, regulations and policies contained in Attachment (2).

The relevant facts of this case and the Board's Findings, Conclusions and Recommendations are attached as Attachment 1 to avoid repetition. After review and consideration of all evidence of record, the Board made the following recommendations:

  • That the-appointment date for Xxxxxxxxx be changed from Xxxxxx 1981 to Xxxxxx 1981; and his tour of duty to expire Xxxxxx 1984.
  • Xxxxxxxxx should be reimbursed ($931.39) for services rendered from Xxxxxx 1981 to Xxxxxx 1981.

It is certified that a quorum was present at the Board's deliberation and that the foregoing and attachments are a true and complete record of the Board's proceedings in the above entitled matter.

The foregoing action of the Board is submitted for your review and approval.

Robert J. Miranda

Attachments:

(1) Board's Findings, Conclusions, and Recommendations
(2) Case Brief and all available documenting evidence

Reviewed and Approved:

Wilford J. Forbush
Deputy Assistant Secretary for Health Operations and Director, Office of Management

Findings, Conclusions and Recommendations Board for Correction of Public Health Service Commissioned Corps Personnel Records

Date of Application: xxxxxxxx 1982

Petitioner's Name and Address:

xxxxxxxxxxx xxxxxx
xxxxxxxxxxx
xxxx xxxxxxx
xxxx

Service No./Social Security No.: xxxxxxxxx xxxxxxxx

Date of Alleged Error or Injustice: Appointment date and date reported to duty differ.

Date of Board Meeting: xxxx xx xxxx

That a change be made in the appointment and tour of duty dates to reflect actual service time as "Xxxxxx 1981 - Xxxxxx 1984 instead of Xxxxxx (Xxxxxxxxx reported to duty Xxxxxx 1981).

Applicant's Requested Corrective Action: A hearing was requested and administratively denied on the grounds that the merits of this case could be efficiently presented through documentation. Xxxxxxxxx was notified of his option to request reconsideration of the hearing denial and granted 45 days to do so. Xxxxxxxxx did not request reconsideration of the hearing denial and the case was reviewed by the Board on xxxxx 1982, on the basis of all documenting evidence.

Board Members Present:

Robert J. Miranda (Chairman)
XXXXXX XXXXX
XXXXX XXXXXXXX

Findings and Conclusions

On xxxx 1982, the Board convened to review the petition submitted by xxxxxxxxx xx xxxxxx. A quorum was present and the Board unanimously arrived at the following Findings and Conclusions:

  • Xxxxxxxxx was first notified (in xxx 1981) that his active duty date would be xxxxxxx 1981. However, in xxxx 1981 he was informed by the regional office that a tentative entry on duty date would be Xxxxxx 1981. He reported to duty on that date.
  • The amended Personnel Order indicated xxxxxxxx effective duty date as Xxxxxx 1981, instead of Xxxxxx 1981.
  • Xxxxxxxxx was informed that Xxxxxx 1981 was the earliest effective date that could be assigned to his orders, and that they could not be amended retroactively to increase or decrease entitlements.

Recommendations

After consideration of all evidence and law, regulations and guidance pertinent to the issue at hand, the Board finds that an error has occurred.

To equitably resolve the issue, the following action is recommended:

  • That the appointment date for Xxxxxxxxx be changed from Xxxxxx 1981 to Xxxxxx 1981;
  • That the records indicate Xxxxxxxxx tour of duty to expire Xxxxxx 1984;
  • That Xxxxxxxxx is reimbursed ($931.39) for service rendered from Xxxxxx 1981 to Xxxxxx 1981.

I certify that the foregoing represents the consensus of the Board in the above stated matter.

Maxine Cunningham
Acting Executive Secretary
Board for Correction of Public Health Service Commissioned Corps Personnel Records


Anyone wishing to obtain an un-redacted copy of any of the decisions should submit a request for the un-redacted decision under the federal Freedom of Information Act (FOIA). Such requests should be directed to the PHS FOIA Office, Parklawn Building, Room 17 A-46, 5600 Fishers Lane, Rockville, MD 20857; telephone 301-443-5252; fax 301-443-0925.