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Board for Correction Case No. 031-83

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Board for Correction Case No. 031-83

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

Recommendations of the Board for Correction on Case No.031-83 xxxxxxx

Xxxxxxxx filed an application with the Board for Correction dated xxxxxx 1983, requesting he be awarded Variable Incentive Pay (VIP) coverage for the period Xxxxxxxx 1979-Xxxxxxxx 1980, and that he be paid the bonus to which he is entitled. 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 record be corrected to provide VIP coverage for the period requested and that he be paid a bonus in the amount of $8,800.

It is certified that the foregoing recommendations are true and complete statements of actions taken by the Board for Correction, as contained in Attachment I 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 xxxxxx 1983 when Xxxxxxxx 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 Brief and all available documenting evidence

Reviewed and Approved:

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

FINDINGS AND CONCLUSIONS

Deliberation by the members of the Board was greatly simplified because of information contained in the CPOD records. CPOD indicated that Xxxxxxxx was eligible for a VIP contract, but they were unable to grant coverage since the VIP program had expired when he filed his application.

The Board members also considered the following in its deliberation on Xxxxxxxx request:

  • The National Health Service Corps, where Xxxxxxxx was assigned, was supportive of his claim and signed his VIP contract.
  • It was plausible that Xxxxxxxx may not have known of his eligibil­ity for VIP when that program was in effect; he filed for the coverage as soon as he discovered he was eligible.
  • Xxxxxxxx would not benefit unduly if awarded VIP coverage.
  • Support for Xxxxxxxx request was sustained in a GAO decision favoring retroactive benefits to persons "who meet the intent" of applicable legislation or regulation.

RECOMMENDATIONS

After consideration of all information presented, the recommendations of the members of the Board for Correction are that Xxxxxxxx request be upheld, that a correction be made to his record placing him under a VIP contract for the period Xxxxxxxx 1979-Xxxxxxxx 198O, and that he receive a VIP payment in the amount of $8,800.

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

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.