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Board for Correction Case No. 065-85

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Board for Correction Case No. 065-85

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

Recommendation of the Board for Correction on Case No.065-85 xxxxx xxxx

Xxxxxxxx filed an application with the Board for Correction dated xxxxx 1985, requesting the Board to correct his record to remove the entry showing he was AWOL on xxxxx 1985. The merits of his 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 Xxxxxxxx request be upheld and that his record be corrected to remove the entry showing he was AWOL on xxxx 1985. Approval of this recommendation entitles Xxxxxxxx to pay and allowances in the amount of $113.02.

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 has 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 xxxx 1986 when Xxxxxxxx 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 Xxxxxxxx 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 Board members was whether Xxxxxxxx was absent from his duty station on XXXXX 1985, in accordance with ap­proved policies and procedures. The Board members focused on the ques­tion of whether proper procedures had been followed and whether a visit by Xxxxxxxx to the xxxxxx xxxxxx on xxx 1985, should be the determinant of whether he was ill on that date and therefore entitled to take one day of sick leave. The members of the Board found that:

  1. xxxxxxxx, in whose office Xxxxxxxx worked, acknowledged in a letter dated xxxxxx 1985 that Xxxxxxxx did call his office on xxxx 1985, informing them that he would be absent that day on sick leave. This was communicated to me by the staff member when I arrived at the office that morning." On whether Xxxxxxxx was ill on that date, x xxxxxx said: "I recall that xxx did convey his reasons for requesting the sick leave, but I cannot remember exactly what they were. I vaguely recall that it was due to some sort of injury. I have no knowledge or recollection of any health problems xxx was experiencing before or after xxxx 1985."
  2. xxxxxxxxx, a secretary in the office, said in a letter dated xxxxxx 1985, "I do not have any knowledge of xxxx communication with my office on xxxx 1985 requesting to be placed on sick leave." On whether Xxxxxxxx was ill before or after xxx 1985, xxxxxxxx said, "Xxxxxxxx did state to me on several occasions that he was experiencing xxxxxxxxxxxx. I do not remember the exact date, but xxx was absent from work one day and I recall him stating to me that it was xxxxxxxxxxxx. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx."
  3. xxxxxxxxxx, another secretary in the office, while not informed of whether Xxxxxxxx requested sick leave said in a letter dated xxxxxxx 1985: "I was aware that Xxxxxxxx said he had xxxxxxxxxxxxx xxxxxx xxxx xxxx xxxx xxxxx he was experiencing. On a couple of occasions I was present when he had xxxxxxxxxxxxxxxxxxxxx but as to the exact date when they occurred. I do not recall. I think it was some time during the latter part of his detail."
  4. The Board members were unable to substantiate that Xxxxxxxx violated any policy or procedures governing absence on approved sick leave that was dependent upon whether he visited the hospital on xxxx 1985. The members of the Board were not made aware of any policy or procedural requirement necessitating that an officer visit a hospital as a condition for taking one day of sick leave.

Therefore:

The members of the Board concluded that Xxxxxxxx did take sick leave on xxx 1985 in accordance with approved policies and procedures.

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RECOMMENDATION

After consideration of all information received. the recommendation of the members of the Board for Correction is that Xxxxxxxx request be upheld and that his record be corrected to remove the entry showing he was AWOL on XXXX X,1985. Approval of this recommendation entitles Xxxxxxxx to receive pay and allowances in the amount of $113.02.

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 Xxxxxxxx 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 xxxx 1986 when Xxxxxxxx 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.