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Board for Correction Case No. 062-82

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Board for Correction Case No. 062-82

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

Subject Recommendation of the Board for Correction on Case No. 062-85 xxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxxxxx filed an application with the Board for Correction dated Xxxx xx, 1985, requesting lump sum payment for his 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 recommends that Xxxxxxxxxxxx request be denied. No change is required in his 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 Xxxx xx, 1985 when Xxxxxxxxxxxx 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

I hereby approve the recommendation of the Board members on the request of Xxxxxxxxxxxx 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

FINDINGS AND CONCLUSIONS

The central issue before the members of the Board was whether Xxxxxxxxxxxx had been sufficiently informed, and had ample opportunity to complete his separation from the Corps, in a way which would not have caused him to be divested of payment for his lump sum annual leave. The two actions taken by Xxxxxxxxxxxx each carried with them divestment of payment for his unused annual leave as a penalty. The actions included: not assuring that his separation papers were received by CPOD at least 30 days before his last day at his duty station and not completing his Continua­tion Pay contract. The Board members found that:

  1. Xxxxxxxxxxxx was notified as early as the xxxxxxxxx 1983 that NHSC employees at the Center had been selected for conversion to grant-salaried positions. He also was informed that a position in the Corps had been identified for him at xxxxxxxx, xxxxxxxx. He elected not to convert.
  2. Xxxxxxxxxxxx was contacted in xxxxx, 1984 and told the 1983 plan to convert positions was still in effect.
  3. Xxxxxxxxxxxx was contacted in Xxxx, 1984 and told of the decision to transfer him to xxxxxxx. He also was told "he had about a week to decide, and could take up to xxxxxx (1984) to carry out the decision. Written verification of the transfer decision was sent to him in a memo also dated xxxx, 1984.
  4. Secretary xxxxxxx placed a moratorium on Xxxxxxxxxxxx reassignment pending completion of a study of the staffing policy at the Center.
  5. Secretary xxxxxxx supported the decision to convert NHSC employees at the Center to grant-salaried positions.
  6. Xxxxxxxxxxxx was notified again in the xxxxxx, 1984/ xxxxxxx, 1985 time period of the decision to transfer him to xxxxxxxx and was told to either accept the transfer or resign his commission.
  7. The Board was informed by NHSC officials that a request to waive the 30 day rule in separating from the Corps was not made in Xxxxxxxxxxxx behalf because it was not justified (he had sufficient time to arrange for his separation.)
  8. Xxxxxxxxxxxx separation left over five months remaining on his contract. (He paid the U.S. Government $4,075.70 for the uncompleted portion.)

Therefore:

The members of the Board concluded that Xxxxxxxxxxxx was suf­ficiently informed and did have ample opportunity to comply with CPOD policies governing separation from the Corps and completing his Continuation Pay contract. He received official notification of the transfer decision on xxx x,1984. The Board did not find any document­ation to indicate that Xxxxxxxxxxxx made an effort to complete his separation before he was contacted again in the xxxxxxx/xxxxxxx 1985 time period. The decision of Secretary xxxxxxx announcing her support for the transfer came approximately 20 days after Xxxxxxxxxxxx was officially notified, leaving ample time for him to have arranged his separation before the end of xxxx.

Further, the members of the Board questioned why Xxxxxxxxxxxx signed his Continuation Pay contract. The only position offered to him, which would have permitted him to remain in the Corps, was the position in xxxxxxxx, xxxxxxxx. When notified of the conversion/trans­fer decision, Xxxxxxxxxxxx obtained the assistance of his con­gressman to reverse the decision indicating his reluctance to accept the position offered to him and remain in the Corps.

RECOMMENDATION

After consideration of all information presented, the recommendation of the members of the Board for Correction is that Xxxxxxxxxxxx request be denied. No change is required in his record.

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 Board member has read this report and its content is a true and complete statement of the deliberations of the Board. The merits of Xxxxxxxxxxxx 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 Xxxxxxxxxxxx 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.