234.00 Travel / Transportation / Shipment of Household Goods - Payment of traveling expenses
Recommendation of the Board for Correction on xxxxxxxxxxxxx, Case No.077-87
Xxxxxxx filed an application with the Board for Correction dated xxxxx 1987 requesting the Board to authorize reimbursement of travel expenses for him from xxxxxxxx to Xxxxxxx, xxxxx. 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 Xxxxxxx request be upheld. Approval of his recommendation requires that Xxxxxxx record be corrected to show xxxxxxx rather than xxxxxxxxx as the place from which ordered to active duty."
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 informat1on 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 xxxxxx 1987 when Xxxxxxx request was considered.
The foregoing action of the Board for Correction is submitted for your review and approval.
(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 Xxxxxxx 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
I. FINDINGS AND CONCLUSIONS:
The members of the Board found that:
- Xxxxxxx was a full-time student at the university in Xxxxxxx at the time he initiated discussions for an appointment to COSTEP (and he had every intention of continuing as a full-time student when his appointment was completed.)
- He resided on a temporary basis (for one month) at an address in Xxxxxxx when he received his appointment papers (his intention was to return to Xxxxxxx had his papers not been delivered at his Xxxxxx address.) While in Xxxxxx, he participated in a program also sponsored by the Public Health Service.
- The Joint Travel Regulations (JTR's) required that Xxxxxxx be issued travel orders from Xxxxxx or the place from where he would travel to duty.
- The JTR's also allowed such orders to be issued to a student at the academic institution where enrolled.
- Xxxxxxx did not request reimbursement of travel expenses from Xxxxxxx to Xxxxxx or any moving expenses either way (which would have exceeded the cost of the travel reimbursement requested by him.)
The members of the Board concluded that Xxxxxxx was entitled to reimbursement of travel expenses contingent upon his entry on duty with the COSTEP program. His one month status as a student in another PHS program to which he traveled and participated at his own expense should not preclude him from his entitlement under the COSTEP program.
After consideration of all of the information submitted, recommendation of the members of the Board for Correction is that Xxxxxxx request be upheld. Approval of this recommendation requires that his record be corrected to show Xxxxxxx rather than Xxxxxx as the "place from which ordered to active duty."
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.