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Board for Correction Case No. 012-82

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Board for Correction Case No. 012-82

175.00 Leave (Includes Annual / Home / Sick / Station Leave) - Pay for unused annual leave

Record of Proceedings - Case No.012-82, XXXXX, xxxxxxx

Pursuant to the provisions of Title 10 U.S.C.1552, xx xxxxxx xx Xxxxx filed written application, contained as Attachment (2), with this Board requesting that injustice did occur in that he was denied separation benefits, upon completion of his tour of duty. A hearing was not requested.

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 included as Attachment (1), to avoid repetition. After review and consideration of all evidence of record, the Board made the following recommendations:

That xx Xxxxx should receive his lump-sum leave payment (for tour of duty--xxxx x, 1977, through xxx x, 1981), all travel and transportation entitlements; as well as final pay and allowances that were withheld. However, no interest payment is to be made.

It is certified that a quorum was present at the Board's deliberation and that the foregoing information 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.

XXXXXX XXXXXX

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 of Management

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

Case No: 012-82

Date of Application: xxxxxxxx, 1982

Petitioner's Name and Address:

xxx xxxxxx x Xxxxx
xxxx xxx xxxxxxx xxx xxxxxxxx xxx, xxxxxx

Service No./Social Security No: xxxxxxxx

Date of Alleged Error or Injustice: xxxxxxx, 1981

Requested Corrective Action:

Reversal of decision to deny separation benefits of accumulated annual leave and moving expenses, plus interest-­upon separation xx Xxxxx was not granted his entitlements due to failure to complete service obligation for training.

Date of Board Meeting: xxxxxx xx, 1982, xx Xxxxx did not request a hearing.

Board Members Present:

Robert J. Miranda (Chairman)

Findings and Conclusions

On xxxxx xx, 1982, the Board convened to review the petition submitted by xx xxxxx Xxxxx. A quorum was present and the Board unanimously arrived at the following findings and conclusions:

xx Xxxxx served on active duty in the PHS Commissioned Corps for four years (xxxx x, 1977- xxxx xx, 1981). While in the residency training program, he was assigned for training at Xxxxxxxxxxxxxxxxxxxxx School from xxxxx through xxxxxx 1978.

xx Xxxxx indicated that prior to taking the training (Basic Science Course in Xxxxxxxxxxx required for AMA) he was told by his supervisors that the course was an integral part of his residency program and unlike fellowships he would not owe any service obligation at the completion of the residency program. But that the fee for the course would be deducted automatically from his lump-sum annual payment when he separated. xx Xxxxx training at xxxxxx xxxxxx School was approved on the basis that this type of training was not available at the xxxxxx Xxxxxxxxxxxxxxx. He was also informed that many residents like himself had to be sent to other hospitals on teaching programs because of this factor, and that such training was not considered an outside rotation that would otherwise incur a repayment obligation at the end of residency.

The xxxxxxxxxxxxxxxxxxxxxxxxxxx documented that the hospital always supported the policy that the fee for this basic science course would be paid for by the hospital administration and PHS and then later deducted from the individual's lump-sum accrued annual leave payment. The xxxxxxx also indicated that to his knowledge no previous resident had incurred an additional obligation at the end of his/her residency for taking this particular course.

Also, it was stated by the Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx that at the time xx Xxxxx separated from the service in xxxx of 1981 "it had been BMS and CPOD policy for residents completing training and separating who received some training outside the service as an integral part of their PHS intramural training to repay tuition charges covering outside training. Upon separation these residents received all their entitlements--lump sum annual leave, travel, dependents travel and shipment of household goods. This policy was followed in instances of residents who completed training and left the service prior to xx Xxxxx." Consequently, Xxx Xxxxx did not learn of a policy change concerning divestments until one week prior to his separation at which time it was too late for him to remain in the Public Health Service, because his orders had already been cut for separation.

Recommendation

After consideration of all evidence and law, regulation and guidance pertinent to the issue at hand, unamious position of the Board and the recommendation of the Secretary is that an injustice has occurred. To equitably resolve the issue, the following action is recommended:

That Xxx Xxxxx should receive his lump-sum leave payment (for tour of Duty --xxxx xx, 1977 through xxxx xx, 1981) all travel and transportation entitlements; as well as final pay and allowances that were withheld. However, no interest payment is to be made on the separation benefits.

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


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.