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Board for Correction Case No. 019-82

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Board for Correction Case No. 019-82

211.00 Retention Special Pay - Change contract date

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

Case No: 019-82

Date of Application: xxxx 1982

Service No./Social Security No: xxxxxxxxxx

Petitioner's Name and Address:

xxxxxxxx
xxxxxxxxx
Xxxxxxxxxx xxxxx

Date of Alleged Error or Injustice: xxxxx 1982

Requested Corrective Action:

Records be corrected and that he be awarded prorated payment for the Retention Special Pay {RSP). Because of the enactment of new special pay provisions in 1980 {changing Variable Incentive Pay {VIP) to RSP), will require Xxxxxxx to remain on active duty for approximately two months without benefit of RSP.

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

Board members present: Robert J. Miranda {Chairman)

Findings and Conclusions­

On xxxxxx 1982, the Board convened to review the petition by xxxxxxxx. A quorum was present and the Board unanimously arrived at the following findings and conclusions:

Xxxxxxx entered on active duty in the PHS Conmissioned Corps, xxxxxxx 1980, as a National Health Service Corps (NHSC) scholarship recipient for two years. His tour of duty is to be completed xxxxxxx 1982.

At the time Xxxxxxx entered on active duty medical officers of the PHS Conmissioned Corps who were not serving an internship or an initial residency and who executed an agreement to remain on active duty for at least one year, were eligible to receive Variable Incentive Pay {YIP). However, with the enactment of the Mental Health Systems Act (MHSA) of 1980 on xxxxxx 1980, the (VIP) for medical officers was replaced by Retention Special Pay (RSP). All YIP contracts were terminated effective xxxxxx 1980, and medical officers were required to execute new contracts under the RSP provisions.

As instructed by NHSC, Xxxxxxx signed an interim contract for xxxxxxx 1980 through xxxxx 1981. Following the RSP Contract, he executed a one year contract effective xxx 1981. However when a new contract became due on xxx 1982, he was not permitted to sign another contract because of his appointment to have been completed xxxxxx 1982. He, therefore, is serving on active duty from xxxx, through xxxxxxx, without benefit of RSP. It is evident that Xxxxxxx loss of benefits resulted from policy changes due to the conversion of the new special pay provision, and not because of his error.

Recommendations

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

  • Change the initial RSP contract from "interim" to "one year". And change the second contract to cover the period from xxxxx 1981 through xxxxx 1982.

I certify that the foregoing represents the consensous 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.