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Board for Correction Case No. 056-84

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Board for Correction Case No. 056-84

175.00 Leave (Includes Annual / Home / Sick / Station Leave) - Remove AWOL from the record

Recommendations of the Board for Correction on Case No. 056-84 xxxx

xxxxxxxx filed an application with the Board for correction dated xxxxxxxx 1984, requesting the AWOL be removed from his record and that his xxxxxxxx (xxxx) scholarship obligation be completed. 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 recommends that xxxx request be upheld and his record corrected to show that he was on officially approved terminal leave as of xxxx 1984, thus removing the AWOL from his record. Further, xxxxx should receive all benefits for which this change in his record would make him eligible, including completion of his xxxx obligation.

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 arid 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 1985 when xxxxx request was considered.

Deputy Assistant Secretary for Health Operations and Director, Office of Management

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 Summary and all available documenting evidence

Reviewed and Approved

I hereby approve the recommendations of the Board members on the request of xxxxx which was received and considered in accordance with the authority of 10 U.S.C. 1552 and 42 U.S.C. 213a (12).

Wilford J. Forbush

Deputy Assistant Secretary for Health Operations and

Director, Office of Management

IV. FINDINGS AND CONCLUSIONS

The issue before the members of the Board was whether xxxxx should be penalized for not having followed standard procedure in taking his annual leave before separating from the Commissioned Corps. The documentation in the record indicated that xxxxx had not followed required procedure. On the other hand, the Board members also found that xxxxx first level supervisor did not require a written request from him, and CPOD did not require a formal request for separation prior to separating xxxxx from the Corps. Xxxxx, the center and regional office management officials all failed to follow standard procedure governing the taking of terminal leave and separating from the Corps.

A question left for the Board to consider was whether there was extenuating circumstances or common practices in effect at the time which justified deviating from standard procedure. The members of the Board found that xxxxx was placed on administrative leave by the center director prior to requesting annual leave. Under the circumstances, xxxxx services were of limited value to the center. The interests of both the center and xxxxx were served when he was placed on administrative leave. Xxxxx verbal request for annual leave, and its verbal approval, occurred while he was on administrative leave, 24 days before he would have completed his limited tour of duty and permanently separated from the Corps. The Board members concluded the decisions to place xxxxx on administrative leave and to grant verbal approval of his request for annual leave while on administrative leave served the mutual interests of xxxxx and the center, and that under these circumstances, it would be an injustice to xxxxx to single him out for not having followed standard procedure.

V. RECOMMENDATION

After consideration of all information presented, the members of the Board for Correction recommended that xxxxx request be upheld, and his record corrected to show he was on officially approved terminal leave as of xxxx 1984, thus removing the AWOL from his record. Further, xxxxx should receive all benefits to which this change in his record would make him eligible, including completion of his xxxx obligation.

VI. CERTIFICATION

I certify that the foregoing recommendations are true and complete statements of actions 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 xxxxx 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 these recommendations. Finally, I certify that a quorum was present at the Board's meeting on xxxx 1985 when xxxxx 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.