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Board for Correction Case No. 071-86

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Board for Correction Case No. 071-86

192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Retroactive special pay

Recommendation of the Board for Correction on Case No 071-86, Xxxxxx x xxxxxxxx xxxxxxxxx

Xxxxxxxxxxxxxxxxxx filed an application with the Board for Correction dated xxxx xx, 1986 requesting the Board to change the effective date of his current xxxxxxxxx xxxxxxx xx (xx} contract from xxx x, 1986 to xxxx xx 1986. 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 Xxxxxxxxx request be upheld- Approval of this recommendation would require that Xxxxxxxxx RSP contract be changed to show an effective date of xxxxx x, 1986 instead of xxxx x, 1986 making the face value of his contract $10,000 instead of $9,000.

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 xx 1986 when Xxxxxxxxx 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 members of the Board for Correction on the request of Xxxxxxxxx which was received and considered in accordance with the authority of 10 U.S.C. 15.52 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 XXXXX XX XX

FINDINGS AND CONCLUSIONS:

The members of the Board found that:

  1. Xxxxx would have accumulated 10 years in service in 1986 and qualified for an additional $1,000 (net ($650) in bonus pay had the effective date of his current contract been xxxx xx, 1986 instead of xxxx x, 1986 (a difference of two weeks).
  2. After Xxxxxx case had been submitted and reviewed, The xxxxxxxxx Commissioned Corps Officer Staff at NIH informed the Board that the normal policy was to accommodate an officer with an effective date that would permit him/her to receive the higher bonus, provided the number of days involved was not great.

    This policy was not followed in Xxxxx case because the computer print-out listing him did not identify him as an officer in this category.

Therefore:

The members of the Board were mindful that if NIH had followed its established policy in handling Xxxxxxxx case, his request would not have come to the attention of the Board. In reviewing the documentation on XXXXXX request, the Board members concluded that changing the effective date of his contract from xxxx x, 1985 to xxxx xx, 1985 would require a minor administrative adjustment only, and would serve the intent of the bonus program without any adverse effects.

RECOMMENDATION:

After consideration of all information presented, the recommendation of the members of the Board for Correction is that Xxxxxx request be upheld. Approval of this recommendation would require Xxxxxx xxx xxxxxx be changed to show an effective date of xxxx xx, 1986 instead of Xxxx x, 1986, making the face value of his contract $10,000 instead of $9000.


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.