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Board for Correction Case No. 075-86

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Board for Correction Case No. 075-86

167.00 Indebtedness-Collection Upon Separation - Cancel debt to the U.S. Government

Recommendation of the Board for Correction on xxxxxx, Case No. 075-86

Xxxxxxxx filed an application with the Board for Correction dated xxxxxxx 1986 requesting the Board to remove an indebtedness for a housing allowance from her record and cancel her obligation to the U.S. Government to reimburse this amount plus additional charges. The merits of her 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 denied. Approval of this recommendation requires no change in her record.

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 1987 when xxxxxxxx request was considered.

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

Ellen Wormser

Attachments:

(I) 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 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

B. BOARD ACTION ON THE REQUEST OF: XXXXXXXXX

I. FINDINGS AND CONCLUSIONS:

The members of the Board found that:

  1. Xxxxxxxx earnings statements verified that she was paid the housing allowance in dispute.
  2. The documentation in the record indicated that Xxxxxxxx did reside in government-provided housing during her stay at the hospital.
  3. The orientation provided to XXXXXxx and the information shown on her earnings statements were sufficient to have alerted her to the need for her to have determined whether or not the amounts she received were correct.

Therefore:

The members of the Board concluded that Xxxxxxxx did receive duplicate housing benefits to which she was not entitled. The unfortunate event that occurred during her stay was a separate issue, in their opinion.

II. RECOMMENDATION:

After consideration of all of the information submitted, the recommendation of the members of the Board for Correction is that Xxxxxxxx request be denied and that she reimburse the U.S. Government for the amount due. Approval of this recommendation requires no change in her record. The Board members would like to express to Xxxxxxxx their regrets over what happened to her during her stay at the hospital.


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.