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Board for Correction Case No. 014-82

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Board for Correction Case No. 014-82

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

Record of Proceedings - Case No.014-82, 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 an error or injustice did occur in the denial to grant him lump-sum leave payment and moving expenses.

A hearing was not requested by Xxxxx. The merits of the case were reviewed on the basis of the documentation presented.

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 recommendation:

That xx xxxxxx xx xx should not be granted lump-sum leave payment, and travel and transportation entitlements, as the result of his Indian Health Service assignment.

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

Case No.:

Date of Application: xxxxxxxx x, 1982

Petitioner's Name and Address:

xxxxxx xxxx
xxxxxxx xxx xxx
xxxxxxxxx xxxxxxxx xxxx

Service/Social Security No.: xxxxxxxxxxxxxxx

Grade: Xx

Date of Alleged Error or Injustice: xxxxxxxxxxxx

Alleged Error of Injustice: xxxxxxxx claims that the PHS divested him of a lump sum leave payment and moving expenses to which he was entitled at the time he voluntarily separated from the PHS Commissioned Corps

Applicant's Requested Corrective Action: xxxxx requests that he be granted the above entitlements

Date of Meeting: xxxx xx,1982

Hearing: A hearing was not requested by applicant. The merits of the case were reviewed on the basis of the documentation presented.

Board Members Present :

Robert J. Miranda (Chairman)

1. Findings and Conclusions

Qn xxxx xx, 1982, the Board convened to review the petition submitted by xxx xxxxxxxxxxxx. A quorum was present and the Board unanimously arrived at the following findings and conclusions:

xxxxxxx entered on active duty as a PHS commissioned officer to the Indian Health Service for a two-year tour of duty. However, he resigned on xxxxxxx xx,1981 after serving less than ten months .

Xxxxx records indicate that his reason for resigning from his assignment with the Indian Health Service was voluntary. He gave the following explanation for his separation: "Recently, ....I have felt an uncertainty in the future of various programs on both the Federal and local levels. This, coupled with the need to plan my own future, brings about a decision I had hoped to delay another year. Thus, I am submitting my resignation as Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx....."

Xxxxx claims that his prerogative of resigning his commission without endangering his lump-sum payment and moving expense entitlements was established in the Memorandum of Agreement between IHS and the Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx regarding services to be rendered by Xxxxx. It is clear, however, that this Memorandum of Agreement relates to Xxxxx assignment to the Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and not to his Commissioned Corps appointment. If indeed he was confused regarding the impact his premature resignation would have upon entitlements, receipt prior to the effective date of his resignation of the Commissioned Officers' Separation Guide should have clarified the actual impact.

The Joint Travel Regulations of the Uniformed Services, M6457, specifies that an officer may be divested of all travel and transportation allowances if he/she resigns or separates voluntarily before completing either two years of continuous active duty {one year for leave) or a period of active duty agreed to in writing. These regulations are outlined in the Commissioned Officers' Separation Guide. The submission of this Guide is a requirement when resigning.

II. Recommendation

After careful consideration of all evidence presented and law, regulation and guidance pertinent to the issue at hand, the Board finds that no error or injustice has occurred.

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

That xx xxxxx x xx should not be granted lump-sum leave payment, and travel and transportation entitlements, as the result of his Indian Health Service assigment.

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

Maxine L. Cunningham
Acting Executive Secretary
Board for Correction of PHS 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.