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Board for Correction Case No. 028-83

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Board for Correction Case No. 028-83

192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Computation of base pay

Recommendations of the Board for Correction on Case No.028-83 Xxxxxxxxxxxxxxxxxxxxxx

xxx xxxxx xxxxx filed an application with the Board for Correction dated xxxxxxxxx, 1983, requesting that he be reinstated in the inactive reserve, and that a retroactive adjustment be made in his rate of pay.

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 for Correction recommended that Xxxxxxxx'x base pay entry date be corrected to reflect reinstatement in the inactive reserve as of xxxxxxxxx, 1966, and that his base pay be adjusted retroactively from xxxx, 1977, when he returned to active duty. As of xxxxx 1983, when initial calculations were made, a lump sum payment of $43,762.32 was due to Xxxxxxxx. CPOD will need to recalculate the lump sum amount and adjust Xxxxxxxx'x current pay by $588.30 per month as of the date of the Personnel Order implementing these recommendations.

It is certified that the foregoing recommendations are true and complete statements of actions taken by the Board for Correction, as contained in Attachment 1 to this memorandum, and that the report of these actions has been reviewed by the Board members. Further, it is certified that the documentation contained in Attachment 2 includes all information presented to the members of the Board and that, in addition to applicable statutes, regulations and policies, it has been considered by the Board in arriving at its recommendations. Finally, it is certified that a quorum was present at the Board's meeting on xxxxx, 1983 when Xxxxxxxx'x request was considered.

The foregoing actions of the Board for Correction are submitted for your review and approval.

Ellen Wormser

Attachments:

(1) Board's Findings, Conclusions and Recommendations
(2) Case Summary and all available documenting evidence

Reviewed and Approved:

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

Date

FINDINGS AND CONCLUSIONS

The basic question before the members of the Board is whether Xxxxxxxx'x official file contained an adequate address where he could have received and responded to CPOD's communication of the decision to terminate him from the inactive reserve. The Board members find that Xxxxxxxx showed his permanent address as: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, at the time he separated from active duty in 1961. This address was that of his xxxxxxxxxxxxx, who forwarded mail to him until Xxxxxxxxxxx 1977. The members of the Board did not find that CPOD made any effort to locate

Xxxxxxxx at the address of record before the decision was made to terminate him from the inactive reserve.

RECOMMENDATIONS

After consideration of all information presented, it is the recommendation of the Board for Correction that Xxxxxxxx'x base pay entry date be corrected to reflect his reinstatement in the inactive reserve as of xxxxxxxxx, 1966 and that his base pay be adjusted retroactively from xxxx, 1977 when he returned to active duty. As of xxxxx, 1983, when initial calculations were made, a lump sum payment of $43,762.32 was due to Xxxxxxxx. CPOD will need to recalculate the lump sum amount and adjust Xxxxxxxx's current pay by $588.30 per month as of the date of the Personnel Order implementing these recommendations.

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

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

Date

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.