LinkedIn Logo

Board for Correction Case No. 085-87

""

Board for Correction Case No. 085-87

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

Recommendations of the Board for Correction on xxxxxxx xx xxxxx, Case No. 085-87

Xxxxxxxx filed an application with the Board for Correction dated Xxxxxxxx 1987 requesting the Board to: (1) remove an AWOL from his record and (2) authorize retroactive pay for service rendered. The merits of his requests 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 Board of Correction is that Xxxxxxxx request be denied. The Board recommends instead that Xxxxxxxx record be corrected to show he was on PHS approved leave from Xxxxxxxxxx, 1983, as he contended, thus reducing the number of days AWOL to eight. The Board recommends further that Xxxxxxxx's record be corrected to show he was on PHS approved leave for the remaining eight days, despite his claim he was working on those days.

Approval of these recommendations require that a personnel order be issued placing Xxxxxxxx on annual leave instead of on AWOL, that his current leave balance be reduced by 13 days, and that he be reimbursed $1,595.82 not paid to him while on AWOL.

The Board believes its actions represent a compromise position, given the inadequacy of evidence and the fact that both the Regional Office and Xxxxxxxx made mistakes regarding the management of his leave.

I certify that these recommendations reflect the actions taken by the members of the Board for Correction, as contained in the Attachments to this memorandum, and that they have been reviewed by the Board members. Further, I certify that the documentation contained in the case file includes all information received and submitted to the members of the Board and that, in addition to applicable statutes, regulations and policies, it has been considered in arriving at these recommendations. Finally, I certify that a quorum of Board members was present on xxxxxxx x 1987, when Xxxxxxxx requests were considered.

If you approve, please sign below:

Ellen Wormser

Attachments:

(1) Board Proceedings
(2) Case File including all documentation received

Reviewed and Approved:

I hereby approve the recommendations of the members of the Board for Correction on the requests of Xxxxxxxx which were 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. BOARD ACTION ON THE REQUEST OF XXXXXXX:

FINDINGS AND CONCLUSIONS:

  1. The Board did not find sufficient documentation in the record to determine whether or not Xxxxxxxx was at the clinic, as he maintained he was, on the days when he was placed on AWOL. These records were not available for several reasons. The days in question before the Board involved AWOLs which occurred between XXXX, 1983 and XXXXX X, 1984. Time records were kept on clinic employees for only one year and would not have been retained on Xxxxxxxx since he was paid by the Federal government. Clinic scheduling records were kept for three years. The Board accepted the notarized statement of xxxxxxxxxx as documentation of xx xxxxxxx contention that he was on PHS approved leave from Xxxxxxxxxx,1983.
  2. The Board found that there were deficiencies in the administration of the leave system which made it difficult to maintain accurate records on Xxxxxxxx leave. To begin with, the clinic leave system did not require formal cancellation of Xxxxxxxx leave once approved by the Executive Director if he did not use it. All that was necessary was for the Medical Director to arrange for another employee to work in Xxxxxxxx place. These arrangements were handled verbally without a paper trail. The Board also found there was no involvement of the clinic in the administration of the PHS leave system. Staff at the clinic stated on several occasions that commissioned officers were under a separate system and they had no involvement with it (including not initialing off on leave requests). Delays by the Regional Office in approving leave encouraged use of the telephone in approving and monitoring leave without benefit of a paper trail. The occasional mistake of sending Xxxxxxxx all three copies of the PHS leave request was further evidence of a problem.
  3. The Board found that Xxxxxxxx was assigned to the clinic under circumstances where he was not under the close scrutiny of the Corps command structure and was free to exercise his personal judgement. There were instances in the record where the Board believed Xxxxxxxx did not exercise his personal judgement in a way to avoid some of the discrepancies later found in his leave record. His clinic leave requests were sometimes dated weeks in advance of the dates when he expected to go on leave, but there were no corresponding PHS leave requests on file (even if they had to be cancelled at a later date). On the occasion when the Regional Office mistakenly sent Xxxxxxxx all three copies of the PHS leave form and he took them with him on a camping trip and lost them, the record did not indicate that he ever contacted the office to inform them of their mistake, to tell them of the loss, or to advise them of the number of days he actually took. While Xxxxxxxx was not required by Corps policy to keep copies of his approved leave requests, the Board believed he should have done so.

II. RECOMMENDATIONS:

After consideration of all information received, the recommendation of the Board of Correction is that Xxxxxxxx request be denied. The Board recommends instead that Xxxxxxxx record be corrected to show he was on PHS approved leave from Xxxxxxxxxx, 1983, as he contended, thus reducing the number of days AWOL to eight.

The Board recommends further that Xxxxxxxx record be corrected to show he was on PHS approved leave remaining eight days, despite his claim he was those days.

Approval of these recommendations require that a personnel order be issued placing Xxxxxxxx on annual leave instead of on AWOL, that his current leave balance be reduced by 13 days, and that he be reimbursed $1,595.82 not paid to him while on AWOL.

The Board believes its actions represent a compromise position, given the inadequacy of evidence and the fact that both the Regional Office and Xxxxxxxx made mistakes regarding the management of his leave.


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.