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Board for Correction Case No. 024-83

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Board for Correction Case No. 024-83

192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Retroactive special pay

Recommendations of the Board on Case No. 024-83, XXXXXX

XXXXXXX filed a written application dated XXXXXX 1982, with the Board requesting that she be included under a Variable Incentive Pay (VIP) contract and paid the bonus money due to her. A hearing was not requested by XXXXXX. The merits of the request were reviewed on the basis of the documentation provided. The relevant facts and the Board's Findings, Conclusions and Recommendations are included as Attachment 1.

After consideration of all information provided, the Board recommended that XXXXXX request for coverage under a VIP contract be upheld, that a correction be made to her record placing her under a contract for the period xxxx 1980- xxxxxx 1980, and that she be paid the bonus money due to her.

It is certified that the foregoing recommendations are true and complete statements of decisions made by the Board, as contained in Attachment 1 to this memorandum, and that these have been concurred in by the members of the Board. Further, it is certified that the documentation contained in Attachment 2 includes all information presented to the Board, and that it, in addition to applicable statutes, regulations and policies, has been considered by the 8oard in arriving at its recommendations. Finally, it is certified that a quorum was present at the Board's meeting on xxxxxxx 1983 when XXXXXX request was considered.

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

Ellen Wormser

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
Director, Office of Management

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS BOARD FOR CORRECTION OF PUBLIC HEALTH SERVICE COMMISSIONED CORPS PERSONNEL RECORDS

Case NO.: 024-83

DATE OF FORMAL APPLICATION: XXXXXX 1982

APPLICANT'S NAME AND ADDRESS:

XXXXXX
Xxxxxxxxxx
xxxxxxxxxxxxx

SERVICE NO.: xxxxx

SOCIAL SECURITY NO.: xxxxxxxxx

REQUESTED CORRECTIVE ACTION: (Formal Application)
XXXXXX is requesting that she be issued a Variable Incentive Pay (VIP) contract (bonus) to cover the period xxxxxx 1980 to xxxxx 1980 to which she was entitled at the time her tour of duty began on xxxxx 1980.

DATE OF BOARD MEETING: xxxxxxxxx 1983

BOARD MEMBERS PRESENT:

Ellen Wormser, Chairperson of Board for Correction of PHS Commissioned Corps Personnel Records and Director, Office of Organization and Management Systems, Office of Management, Office of the Assistant Secretary for Health.

l. CLAIM

XXXXXX complains that she was not issued a VIP contract when she entered on active duty on Xxxx 1980, and was thereby denied a bonus payment for the period Xxxx 1980 to Xxxx 1980. XXXXXX requested that she be issued a VIP contract to cover the four-month period Xxxx to Xxxx 1980 and be paid the bonus to which she is entitled.

II. BACKGROUND

XXXXXX entered on active duty in the Commissioned Corps on Xxxx 1980, as a National Health Service Corps Scholarship recipient with an obligation of two years. At the time XXXXXX tour of duty began, medical officers of the Commissioned Corps, who were not serving an internship or an initial residency, and who executed an agreeement to remain on active duty for at least one year, were eliqible to receive VIP contracts (bonus payments). Subsequently, VIP contracts were replaced by Retention Special Pay (RSP) contracts, authorized by the Mental Health Systems Act of 1980. The RSP contracts were effective Xxxx 1980. RSP contracts also provided bonus payments to qualified officers. XXXXXX was placed under an RSP contract on Xxxx 1980.

XXXXXX filed an application with the Board for Correction on XXXXXX 1982, in which a formal request was made that she receive a VIP contract for the period stipulated and paid the bonus due to her.

III. BOARD PROCEDURES

The Board for Correction is located in the Office of Organization and Management Systems, Office of Manaqement in the Office of the Assistant Secretary for Health. The Chairperson of the Board is also Director of the Office of Organization and Management Systems.

The issue considered by the Board was:

Should the Board grant relief to XXXXXX and authorize VIP coverage for the period Xxxx to Xxxx 1980 (as recommended by CPOD)?

The question before the Board was whether XXXXXX was VIP contract for the period stated, but did not receive one. presented on the request showed that XXXXXX was indeed VIP contract, but did not receive one, then the Board should of XXXXXX.

XXXXX

IV. FINDINGS

The deliberations of the Board were greatly simplified because of the information contained in the Commissioned Personnel Operations Division (CPOD) records. CPOD indicated that XXXXXX was eligible for a VIP contract, but had not signed one for the period stipulated because she may have not received the necessary forms. Further, CPOD indicated that the bonus payment for the period stipulated by XXXXXX would have amounted to $2,975, if paid. CPOD supported the request of XXXXXX that she be placed under a VIP contract and be paid the bonus money for the period Xxxx 1980 to Xxxx 1980.

The Board concluded that, based upon the findings reported by CPOD indica­ting no record of a VIP contact signed by XXXXXX, there was no basis for denying XXXXXX request.

V. RECOMMENDATIONS

After consideration of all information presented, it is the recommendation of the Board that XXXXXX request be upheld and that a correction be made to her record placing her under a VIP contract for the period Xxxx 1980 to Xxxx 1980, and that she should be paid the bonus money due to her.

I certify that each of the Board members has read this report and that its content is a true and complete statement of the deliberations of the Board.

Ellen Wormser
Chairperson
Board for Correction of PHS Commissioned Corps Personnel Records

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


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.