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Board for Correction Case No. 070-86

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Board for Correction Case No. 070-86

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

Recommendation of the Board for Correction on Case No 070-86. xxxxxxx xxxxxx

xxxxxxxx filed an application with the Board for Correction dated xxxxx 1986 requesting the Board to remove an AWOL in his record from Xxxxxx 1985 to xxxxxxx 1985 and authorize pay and allowances for that time. 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 Xxxxxx request be denied. The Board members recommend however that Xxxxxx be charged with AWOL for xxxxxx 1985 only. Approval of this recommendation would require that Xxxxxx record be changed to show he was not AWOL on Xxxxxx 1985 or on Xxxxxx 1985, and also would require that he receive pay and allowances for those days.

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 xxxxxxx 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

Reviewed and Approved:

I hereby approve the recommendation of the xxxx of the Board for Correction on the request of Xxxxxx 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

BOARD ACTION ON REQUEST OF XXXXXXXXXXXX

FINDINGS AND CONCLUSIONS:

The Board members found that:

  1. The orders authorizing Xxxxxx to travel from XXXXXX, xxxxxxxxx xxxx, xxxxx signed by xxxxxxx on xxxxxxxx 1985 indicated that his date of departure was xxxxxxx 1985. The travel time from xxxxxxx xxxx was less than one hour. CPOD policy could require an officer to report to a new duty station within 24 hours if the travel distance was less than 150 miles. On this basis, xxxxxx should have been expected to report to xx not later than xxxxx 1985. However, xxxxxxx 1985 was a holiday in xxxx, xxx and excused Xxxxxx from duty. Under these circumstances, a reporting date of xxxxxxx 1985 did not seem unrealistic.
  2. The record did not indicate when Xxxxxx received his traveling orders. He said he received them on xxxxxxx 1985, the day he believed he was to have reported to the xxxxxxxxxx. 
  3. According to Xxxxxx, he arrived at the Xxxxxx on Xxxxxx 1985, but Xxxxxx was on annual leave on that date. The weekly attendance record for the Center, covering the period from Xxxxxx 1985 - Xxxxxx 1985 confirmed that Xxxxxx did not sign in on Xxxxxx 1985. 
  4. Xxxxxx did not follow CPOD policy in keeping his supervisor informed of his whereabouts (or the person in charge of the xxxxxxxxxx in the absence of xxxxxxxx) and he did not seek or obtain permission to delay reporting to his new duty station.

Therefore:

The Board members found that the facts pertaining to when Xxxxxx received his travel orders were inconclusive. The members of the Board concluded, however, that Xxxxxx could have confirmed his arrival at his new duty station, by following the sign-in procedures and by reporting to the person in charge in the absence of Xxxxxx but did not do so upon being advised to return to that station the following Monday.

RECOMMENDATION:

After consideration of all information presented the recommendation of the members of the Board for Correction is that Xxxxxx request should be denied. The Board members recommend, however, that Xxxxxx be charged with AWOL for xxxxxx 1985 only. Approval of this recommendation would require that Xxxxxx record be changed to show he was not AWOL on xxxxx 1985 or xxxxx 1985 and also would require that he receive pay and allowances for those days.


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.