165.00 Inactive Reserve Corps - Cancel resignation from the Corps
Recommendation of the Board for Correction on Case No.032-83 Xxxxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxx filed an application with the Board for Correction dated Xxxxxxxx xx, 1983, requesting reinstatement in the Inactive Reserve Corps covering the period Xxxxxxxx xx, 1980-Xxxxxxxx x, 1983. The merits of the request were reviewed on the basis of the documentation provided.
The relevant facts and the Board's Findings, Conclusions and Recommendation are included as Attachment 1.
After consideration of all information provided, the Board for Correction recommended that Xxxxxxxx'x request be denied and that no correction be made to his record placing him in the Inactive Reserve Corps.
It is certified that the foregoing recommendation is a true and complete statement of the action taken ~y the Board for Correction, as contained in Attachment 1 to this memorandum, and that the report of this action 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 recommendation. Finally, it is certified that a quorum was present at the Board's meeting on Xxxxxxxxx 1983 when Xxxxxxxx'x request was considered.
The foregoing actions of the Board for Correction are submitted for your review and approval.
(1) Board's Findings, Conclusions and Recommendation
(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
IV. FINDINGS AND CONCLUSIONS
The Board members concluded that Xxxxxxxx was provided adequate information upon which to make an informed decision of whether or not to remain in the inactive reserve. Xxxxxxxx received the same packet of materials sent to all other officers in the reserve. Included in the packet of materials was a document entitled .'Notice", which described the benefits of remaining in the Inactive Reserve Corps. The key statements in this document related to Xxxxxxxx'x request were as follows:
"Dear Inactive Reserve Member :
Before you become involved in the bulk of this packet we would like to point out the important benefits you derive from remaining in the PHS Commissioned Corps inactive reserve program. Among these are:
- Longevity credit for our time in the inactive reserve. If called to active or training duty, your base pay rate will be calculated on total years of active and inactive service. Also, PHS service credit will be accepted in other uniformed services.
The Board concluded that the referenced document clearly stated the benefits to Xxxxxxxx of remaining in the inactive reserve and that his intention not to remain in the reserve was indicated when he signed the termination card on Xxxxxxxx, 1980.
After consideration of all information presented, the recommendation of the members of the Board for Correction is that Xxxxxxxx'x request be denied, and that no correction be made to his record placing him in the Inactive Reserve Corps.
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.
Board for Correction of PHS Commissioned Corps 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.