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Board for Correction Case No. 015-82

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Board for Correction Case No. 015-82

199.00 Promotion Program - Promotion to higher grade

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

Case No: 015-82

Date of Application: Xxxxxxxxx 1982

Petitioner's Name and Address:

xxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxxxx

Service No: xxx

Social Security No: xxxxxxxxxx

Date of Board Meeting: Xxxxxxx 1982, xxxxxxxx did not request a hearing.

Date of Alleged Error or Injustice: xxxxxxxxx 1981

Requested Corrective Action: Applicant requests that he should receive a promotion as a result of serving ten years of honorable service with PHS in support of the xxxxxxxxxxxxxx. He retired in 1958.

Board Members Present:

Robert J. Miranda (Chairman)

Findings and Conclusions

Xxxxxx resigned his commission in the Xxxxxxxxx on Xxxxxxxxx 1947, and on Xxxxxxxxx 1947, entered active duty in the PHS Commissioned Corps as a xxxxxx xxxx. He was assigned to the xxxxxxxxxxxx.

On xxxxxx 1948, Xxxxxx was relieved of active duty. He was recalled to active duty as a Xxxxxxxxx on xxxxx 1949, and assigned to the xxxxxxxx xxxxx xxxxx. On xx 1950, Xxxxxx was transferred on detail to the xxxxxxxxxxxxxxxxxxxxxx He was again transferred on xxxxxxxxx 1950, to the xxxxxxxxxxxxxx; and was relieved of active duty on xxxxxxx 1951. On xxxx 1955, Xxxxxx was recalled to active duty as a Xxxxxxxxx and again detailed to the xxxx in xxxxxxx. On xxx 1957, Xxxxxx was assigned to the PHS Outpatient Clinic, xxxxxxxx, xxxxxx. On xxxxxx 1957, he was relieved of active duty and his appointment was terminated on xxxx 1958, when he reached the mandatory retirement age.

In Xxxxxx request to the Board, he alleges that an injustice did occur in that he did not receive a promotion, after serving ten years with the U.S. Public Health Service - xxxxxxx.

On xxx 1982, the Board met to consider Xxxxxx case at which time it was decided that more information was needed about the promotion criteria that were in effect at the time of Xxxxxx tours of duty. More information was also needed to indicate the basis used for determining whether or not he met the requirement of PHS Personnel Criteria.

After additional searching, CPOD was able to locate a copy of the promotion criteria in effect at the time of Xxxxxx earliest potential eligibility in 1957, and the minutes of the meeting for the 1957 annual promotion board for medical officers on active duty in the Reserve Corps for permanent promotion to the Director (0-6), Senior (0-5), and Full (0-4) grades.

The criteria indicates there were two types of promotion--temporary and permanent. Eligibility for the temporary is based on years of training and experience to full grade (0-4). For a temporary promotion to the Director and Senior grades, a Reserve Corps Officer had to be assigned to a position graded at such a level. According to the record, "graded positions" were usually held by career officers in leadership functions, rather than those with general clinical practice experience. Information on file for Xxxxxx does not indicate that he was assigned to such a graded position during his tour of active duty.

Reserve Corps officers on active duty at that time qualified for permanent promotion (technically reappointment at higher grade) provided they qualified for original appointment in the higher grades. However, to qualify for permanent promotion to the Director grade (0-6), the officers also had to be assigned to a position graded as such.

There was no ongoing promotion program for the Inactive Reserve Corps at the time xxxxx was in the Corps. Nonetheless, guidelines state that "officers must possess outstanding qualifications," in order to be eligible for permanent promotion to the Director grade.

Based on policy in effect at that time and on Xxxxxx personnel record, he did not meet the basic promotion criteria to be considered for either a temporary or permanent promotion to the Director grade (0-6). Neither is it evident that he would have been considered for promotion in the Inactive Reserve. Also, it is the view of the Board that to recommend a correction of the record as indicated by Xxxxxx could create an injustice for other officers who were in his same situation at that time and were not promoted.

Recommendation

After consideration of all evidence and law, regulation and guidance pertinent to the issue at hand, the unanimous position of the Board and the recommendation of the Secretary is that an injustice has not occurred.

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

  • That Xxxxxx should not receive a promotion.

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

Maxine Cunningham
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.