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Board for Correction Case No. 050-84

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Board for Correction Case No. 050-84

199.00 Promotion Program - Military Credit for Promotion

Recommendation of the Board for Correction on Case No.050-84 xxxx xxxxx

Xxxxxxxxxxxx filed an application with the Board for Correction dated xxxx 1984, requesting that his Training and Experience (T&E) date be re-established to give him credit for his active duty service as a commissioned officer in the xxxxxx xxxx. 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 recommends that Xxxxxx request be upheld, and that he receive three years of additional credit for promotion purposes based upon his prior commissioned officer service in the Xxxxxxxxx. This recommenda­tion would change his T&E date from Xxxx 1976 to Xxxx 1973. (The recommendation, if extended, would potentially impact only on those officers with prior commissioned officer service enrolled as medical students of XXXXXX who were subject to the same XXXXXX policy statement applicable to Xxxxxx request. According to CPOD, only one other person, an officer who graduated in 1980 could be affected.)

It is certified that the foregoing recommendation is a true and complete statement of 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 Xxxxxxx 1985 when Xxxxxx 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

Comment:

CPOD identified another officer, a 198O graduate of XXXXXX, who also would be affected by the decision to grant relief to Xxxxxx. Therefore, I hereby authorize CPOD to amend the referenced officer's personnel record to allow him credit for his commissioned service on the same basis as that allowed to Xxxxxx, and that he be notified of the action taken.

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

FINDINGS AND CONCLUSIONS

The Board members did not find any evidence or documentation to indicate that Xxxxxx had been forewarned before he transferred to the PHS Commissioned Corps that he would not receive any credit for promotion purposes for his prior commissioned officer service in the Xxxxxxxxx nor were they able to discover the presence of any orientation materials published by CPOD at the time he entered medical school in 1980 which would have alerted him to that fact had he read them. Further, the members of the Board learned that the only official information available to Xxxxxx upon entry to medical school on allowable promotion credit for XXXXXX graduates was that published in the Bulletin of the School of Medicine, Uniformed Services University of the Health Sciences, 1980-81, which stated: "Prior commissioned service also counts in determining medical corps promotion eligibility, at the rate of one-half year per year of active service up to a maximum of three years."

The language contained in the Bulletin should indicate to the reader that its provisions would be applicable to an officer graduating with a commission in the PHS Commissioned Corps. For example, the Bulletin stated: "Functioning as an educational resource for the services, the School enables military and Public Health Service medical departments to develop graduate level programs in health education." It stated further: "The School of Medicine's principal emphasis is on the production of medical officers for the xxxx, xxxx, xxx xxx, and Public Health Service."

The Board members observed that the notice to students in the XXXXXX Bulletin did not specifically exclude credit earned while on active duty in the Xxxxxxxxx nor did they believe its language could be interpreted in a way as to cause one to conclude that such credit would not be allowable. However, it was brought to the attention of the members of the Board that the XXXXXX statement on promotion eligibility had not been cleared with the Commissioned Corps and, therefore, was not binding upon them. The Board members recognized the need for the Corps to have operational a procedure to make certain that such policy statements would receive its review, but concluded that it would be an injustice to Xxxxxx to have him bear the consequence of the lack of understanding between XXXXXX and the Corps on service credits allowable to PHS officers graduating from the medical school.

RECOMMENDATION

After consideration of all information presented, the recommendation of the members of the Board for Correction is that Xxxxxx request be upheld, and that he receive three years of additional credit for promotion purposes based upon his prior commissioned officer service in the xxxxxxxxx. This recommendation would change his T&E date from xxx 1976 to xxx 1973. (The recommendation, if extended, would potentially impact only to those officers with prior commissioned officer service enrolled as xxxxxxx xxxx of xxx who were subject to the same xxxx policy statement applicable to Xxxxxx request. According to CPOD, only one other person, an officer who graduated in 1980 could be affected.)

CERTIFICATION

I certify that the foregoing recommendation is a true and complete statement of the action taken by the Board for Correction. I further 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. The merits of Xxxxxx's request were reviewed on the basis of the documentation provided. This documentation, contained in the attachment, includes all information presented to the Board and, in addition to applicable statutes, regulations and policies, it has been considered in arriving at this recommendation. Finally, I certify that a quorum was present at the Board's meeting on xxxxx 1985 when Xxxxxx request was considered.

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.