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Board for Correction Case No. 064-85

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Board for Correction Case No. 064-85

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

Recommendation of the Board for Correction on Case No.064-85 xxxxxx

xxxxxxxxx filed an application with the Board for Correction dated xxxxxx 1985, requesting the Board to remove from his record the entry showing he was AWOL from xxxx 1985 - xxxxx 1985. The merits of the request were reviewed on the basis of the documentation received. The relevant facts in the Board's Proceedings are included as Attachment 1.

After consideration of all information received, the recommendation of the members of the Board for Correction is that xxxxxx request be upheld and that his record be corrected to remove the entry showing he was AWOL from xxxxx 1985 xxxx 1985. Approval of this recommendation entitles xxxxxx to receive pay and allowances in the amount of $291.48.

It is certified that the foregoing recommendation is a true and complete statement of the action taken by the members of the Board for Correction as contained in the Attachments to this memorandum, and that the report of this action bas been reviewed by the Board members. Further, it is certified that the documentation contained in Attachment 2 includes all information received by the members of the Board and that in addition to applicable statutes, regulations and policies, it has been considered in arriving at this recommendation. Finally, it is certified that a quorum of Board members was present on xxxxx 1986 when xxxx request was considered.

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

Ellen Wormser

Attachments:

(1) Board Proceedings
(2) Case File including all documentation received

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

Reviewed and Approved

I hereby approve the recommendation of the members of the Board on the request of Xxxxxxx which was received and considered in accordance with the authority of 10 U.S.C. 1552 and 42 U.S.C. 21Ja (12).

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

PART B - BOARD ACTION

FINDINGS AND CONCLUSIONS:

The central issue before the Board members was whether there was definitive notice given to xxxxxxx that his leave had been cancelled and that he should have returned to work. The Board members held the view that cancellation of an officer's leave should not be taken lightly, once approved. The members of the Board found that:

  1. There were two opposing opinions as to what Xxxxxxx said to Xxxxxx when she spoke with him on Xxxx 1985. The Board members had no means of assessing the validity of either opinion.
  2. Despite the questionable means employed by Xxxxxxx in informing Xxxxxxx of her decision that he should have returned to work, Xxxxxxx was within her authority to make this decision, and technically it should have been followed. 
  3. A number of extenuating circumstances were involved in the transaction between Xxxxxxx and Xxxxxxx which caused the Board members to look favorably upon excusing Xxxxxxx for not reporting for duty when asked to do so. The circumstances included: 

    1. Xxxxxxx said it was important for Xxxxxxx to return to attend a critical meeting on the budget, a topic which appear to require the director's involvement, but she did consider the meeting to be critical enough for her to attend xxxxxxxxxxxxxxxxx.
    2. An indication in the record that the incompleted work Xxxxxxx wanted Xxxxxxx to return to work to complete had been completed by him and was being typed-which did not require his attendance. 
    3. Xxxxxxx seemed to have misjudged the implication of asking xxxxxxx, a subordinate of Xxxxxxx, to call him to tell him to return to work. (Some of the unpleasantness that resulted could have been avoided had Xxxxxxx called Xxxxxxx herself.) 
    4. xxxxxx and xxxxxxx inappropriately advised Xxxxxxx that Xxxxxxx did not follow policy and procedure when she failed to tell him orally or in writing that his leave had been cancelled. This was because CPOD policy did not require Xxxxxxx to speak to Xxxxxxx directly about his leave or to contact him in writing. 
    5. Lack of clarity in the record as to why it was possible for xxxxxxx to reach Xxxxxxx by telephone at his home, but Xxxxxxx was unable to do so. even though she had contacted Xxxxxxx at that number many times in the past. 
    6. There were two opposing statements concerning when Xxxxxxx was informed of the decision that he should return to work. xxxxxx said xxxxxxx called Xxxxxxx around 10:00 a.m. on xxxxxx 1985. xxxxxxx told the Executive Secretary to the Board that he called Xxxxxxx between 1:00 ­2:00 p.m. on that date. The round trip traveling distance from Xxxxxxx home to his duty station was between 100 and 120 miles. Because of the conflict concerning when Xxxxxxx was called, the Board members had no means of assessing if it would have been unreasonable to have expected Xxxxxxx to return to work on that date. 
    7. Lack of clarity in the record as to why xxxxx also cancelled Xxxxxxx leave for xxxxxx 1985, when the issues affecting her decision about Xxxxxxx leave did not seem to involve these dates. 
    8. The Board believed that approved leave should be canceled only in very critical situations, and then with sensitivity by the supervisor. The Board believed the facts in this case suggested that this test was not met.
    9. The Board also believed that when the leave was canceled, it was the duty of the Commissioned officer to report to his station. It was critical that Commissioned officers, such as Xxxxxxx, fully understand this responsibility.

RECOMMENDATION:

After consideration of all information received, the recommendation of the members of the Board for Correction is that Xxxxxxx's request be upheld and that his record be corrected to remove the entry showing he was AWOL from xx 1985-xxx 1985. Approval of this recommendation entitles Xxxxxxx to receive pay and allowances in the amount of $291.48.

CERTIFICATION:

I certify that the foregoing recommendation is a true and complete statement of the action taken by the members of 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 its deliberations. The merits of xxxxx request were reviewed on the basis of the documentation received. This documentation, contained in the Attachment, includes all information received by the members of 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 of Board members was present on xxxxx when Xxxxxxx 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.