109.00 Appointment as Commissioned Officer - Change appointment date
Recommendations of the Board for Correction on Case No. 043-83 xxxxx
Xxxxxxxxxxx, filed an application with the Board for Correction dated Xxxxxxxx 1983, requesting that his personnel record be corrected to place him on active duty as of Xxxxxxxx 1983, that he be paid for the period from Xxxxxxxx 1983, and that he be reimbursed for shipping and transportation expenses incurred while en route to his duty station. 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 place him on active duty as of Xxxxxxxx 1983, that he receive pay and allowances for the period Xxxxxxxx 1983, and that he be reimbursed for shipping and transportation expenses incurred while en route to his duty station.
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 xxxx 1984 when Xxxxxxxx request was considered.
The foregoing actions of the Board for Correction are submitted for your review and approval.
(1) Board's Findings, Conclusions and Recommendations
(2) Case Summary and all available documenting evidence
Reviewed and Approved:
Wilford J. Forbush
Deputy Assistant Secretarv for Health Operations and
Director, Office of Management
The Board members found that the letter from CPOD to Xxxxxxxx dated xxxxx 1983 gave clear instructions to him to not perform any personal service or to ship his household goods until he received a final order from them. However, the Board also found that the action taken by staff in the regional office of the NHSC to enroll Xxxxxxxx in an NHSC Orientation Conference held on xxxxx 1983 took place before he was placed on official orders. Further, the Board found that the travel arrangements made by the NHSC staff for use by Xxxxxxxx on xxxxxxx 1983 also preceded the date when he was placed on active duty. The record indicated that the earliest date on which Xxxxxxxx would have been officially called to active duty was Xxxxxxxxx 1983 based upon an NHSC request for his services dated Xxxxxxxx 1983 and that his entry date was later extended to Xxxxxxxx 1983 as a result of processing delays.
The Board concluded that the circumstances which surrounded Xxxxxxxx entry into the Corps were sufficiently confusing as to cause him to believe that his verbal order to report to xxxxxxxxxx was valid and that this order would be subsequently confirmed by issuance of an official written order calling him to duty as early as Xxxxxxxx 1983. The Board also concluded there was no error in Xxxxxxxx record, but that it would be an injustice to penalize him because of the problems experienced by staffs at the local, regional and central offices in coordinating the processing of his official entry papers. The Board was comfortable with this conclusion because CPOD stated it would not object to Board action authorizing pay and allowances for Xxxxxxxx from Xxxxxxxx 1983 as a remedy for the delay in issuing his orders.
After consideration of all information presented, the Board for Correction recommends that Xxxxxxxx be placed on active duty as of Xxxxxxxx 1983; that he receive pay and allowances for the period xxxxxxxxx from Xxxxxxxx 1983; and that he be reimbursed for shipping and transportation expenses incurred while en route to his duty station.
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.
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.