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Board for Correction Case No. 078-87

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Board for Correction Case No. 078-87

211.00 Retention Special Pay - Change contract date

Recommendation of the Board for Correction on Xxxxxxx Case No. 078-87

Xxxxxx filed an application with the Board for Correction dated xxxxx 1987 requesting the Board to change the effective date of his Retention Special Pay contract. 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. Approval of this recommendation requires no change in his 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 0£ 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 mernbers was present on xxxx 1987 when Xxxxxx 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 Xxxxx which was received and considered in accordance with the authority of 10 U.S.C. 1552 and 42 U.S.C. 213a (12).

W1lford J. Forbush
Deputy Assistant Secretary for Health Operations and
Director Office of Management

I. FINDINGS AND CONCLUSIONS:

The members of the Board found that:

  1. Xxxxxx was not precluded by DCP policy from having in effect an RSP contract. The Board members found no confusion of policy on this matter.
  2. He submitted a contract almost three months after he filed for transfer to the xxxx and received a lump-sum payment .
  3. The procedural aspects of obtaining a transfer to the Xxxxxx did not justify any delay by Xxxxxx in submitting his contract.
  4. Once a contract is issued, DCP was not authorized to change the effective date of that contract.

Therefore:

The members of the Board concluded that Xxxxxx would not have been affected adversely had he submitted his RSP contract in accordance with the DCP schedule. The Board members also concluded that while changing the effective date of Xxxxxx contract would not result in an immediate financial benefit to him it would, however, give him service credit under a contract not earned by him or justified under the circumstances. To change the date of the contract, would allow Xxxxxx to be eligible for another contract within x months instead of within xx months (effectively, this means he would receive bonus money for a period of time during which it was not necessary as an inducement for him to perform a service.)

II. RECOMMENDATION:

After consideration of all of the information submitted, the recommendation of the members of the Board for Correction is that Xxxxxx request be denied. Approval of this recommendation requires no change in Xxxxxx record.


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.