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Board for Correction Case No. 038-43

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Board for Correction Case No. 038-83

175.00 Leave (Includes Annual / Home / Sick / Station Leave) - Pay for unused annual leave

Recommendation of the Board for Correction on Case No.038-83 Xxxxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxx filed an application with the Board for Correction dated Xxxxxx 1983, requesting payment for unused annual leave. 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 Xxxxxxxxx request for payment for her unused annual leave be denied and that no correction be made to her record.

It is certified that the foregoing recommendation is a true and complete statement of the action taken by 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 Xxxxxxxxxx 1983 when Xxxxxxxxx request was considered.

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

Ellen Wormser

Attachments:

(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

FINDINGS AND CONCLUSIONS

Management Pressure to Resign

The members of the Board found that the Clinic lost a position for a medical staff member. At the time, Xxxxxxxxx was working out an active duty obligation there resulting from the training she had received. Xxxxxxxxxxxxxxxxxxxxxxxxxx, reported in a letter dated Xxxxxx xxxx that Xxxxxxxxx worked with him voluntarily to utilize her early departure as an option for reducing the impact of the manpower reduction. The members of the Board did not find any documentation to indicate that Xxxxxxxxx was compelled to resign early because of pressure from the Clinic management.

Alternative to Clinic for Meeting Manpower Reduction

The Board members found that there were two other physicians at the Clinic. Xxxxxxxxx was not the junior staff physician and would not have been involuntarily separated. If Xxxxxxxxx had been separated, she would have been eligible for reassignment. Xxxxxxxxx informed the Executive Secretary that she knew she would have been eligible for reassignment, but would not have accepted another position because she did not want to leave the area. Xxxxxxxxx informed the Execu­tive Secretary that the xxxxxx xxxxxxxxxxxxx Xxxxxxxxx decision to leave early was later released from the staff xxxxxxxxxxxx. As a result, the advantage the Clinic antici­pated when Xxxxxxxxx left early was not realized.

The members of the Board concluded that no basis could be found for deviating from established CPOD policy divesting Xxxxxxxxx of payment for her unused annual leave. They believed that the staff reduction experienced by the Clinic did not place Xxxxxxxxx job in jeopardy and that her decision to leave early was voluntary. The Board members also recognized the value of Xxxxxxxxx contributions to achieving the goals of the Clinic and were appreciative of the many sacrifices she made.

RECOMMENDATION

After consideration of all information presented, the recommendation of the members of the Board for Correction was that Xxxxxxxxx request for payment for her unused annual leave be denied and that no correction be made to her record.

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

Ellen Wormser
Chairperson
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.