109.00 Appointment as Commissioned Officer - Recall to active duty
Xx xxxxx filed an application dated Xxxxx xx, 1987, in which he requested that the Board for Correction:
- Reinstate him on active duty long enough to qualify for 75 percent retired pay (or for an indefinite period) or correct his record to allow him to receive retired credit for time spent at the U.S. Coast Guard and Naval Academies disallowed by a ruling of the Comptroller General; or
- Correct his record to show he did not retire; he remained on active duty and accumulated additional retirement credit; and
- Grant him any and all additional relief deemed necessary, proper, and appropriate under the circumstances.
The merits of Xx xxxxx's requests were initially considered in a meeting of the Board for Correction held on Xxxxx xx, 1988. Subsequent to that meeting, the Office of the Surgeon General requested reconsideration on the grounds that it had in its possession new and relevant documentation on Xx xxxxx's requests which was not available when they were first considered by the members of the Board. The Office of the Surgeon General advised the Board that a significant amount of new information had become available which would support its view that Xx xxxxx's problem was the result of a mistake he made in calculating his Retirement Credit Date.
The Board members met again to reconsider Xx xxxxx's requests on the basis of the additional documentation received. The documentation was found to be new and relevant to reconsideration of his requests. The relevant facts in the proceedings of the Board are included in
After reconsideration of all of the additional documentation received, the members of the Board recommended that both Xx xxxxx and the Corps share responsibility for the situation that prevented him from accumulating additional retirement credit. Specifically, the Board members recommended that:
- Xx xxxxx's record be changed in such a manner as to allow him to qualify for 72 percent retired pay, effective the date this recommendation is approved by the Director, Office of Management, the approving official, and
- Xx xxxxx not be entitled to any retroactive lump sum payment for the difference between the retired pay he now receives and that to which he shall be entitled under Recommendation # 1.
I certify that these recommendations reflect the action taken by the members of the Board for Correction, as contained in Attachment 1, and that they have been reviewed and concurred with by the Board members. Further, I certify that the documentation contained in Attachment 2 includes all information 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 xxxx x, 1989, when Xx xxxxx's requests were reconsidered.
If you approve, please sign below.
(1) Board Proceedings
(2) Case File including all documentation submitted
Reviewed and Approved:
I hereby approve the recommendations of the members of the Board for Correction on the requests of Xxxxxx 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 Assistanct Secretary for Health Operations and Director, Office of Management
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.