LinkedIn Logo

Board for Correction Case No. 088-87

""

Board for Correction Case No. 088-87

212.00 Retirement (Includes Involuntary Retirement) - Change base for computing retired pay

Recommendation of the Board for Correction on xxxxxxxx, Case No.088-87

Xxxxxx filed an application with the Board for Correction dated xxxxxxx 1987, requesting that his retired pay be increased by changing the date of his base pay. 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 of the information submitted, the recommendation of the members of the Board for Correction is that Xxxxxx request be upheld. Approval of this recommendation requires that Xxxxxx record be corrected to show that his retirement as of xxxxx 1986, was rescinded, thus continuing him on active duty until Xxxxxx 1987, when he completed 30 years of service and was officially retired. Accordingly, Xxxxxx retired pay will be computed on the xxxxx 1987, pay scale allowing him an increase in his monthly gross retired pay. He is authorized a lump-sum payment for the difference in retired pay he received and the new monthly gross for the period from Xxxxxxxx 1987, to the date this recommendation is implemented.

I certify that this recommendation reflects the action taken by the members of the Board for Correction, as contained in the Attachments to this memorandum, and it has been reviewed by the Board members. Further, certify that the documentation contained in the case includes all information submitted to the members of Board and that, in addition to applicable statutes, regulations and policies, it has been considered in arriving at this recommendation. Finally, I certify that a quorum of Board members was present on Xxxxxx 1988, when Xxxxxx request was 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 recommendation of the members of the Board for Correction on the request 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 Assistant Secretary for Health Operations and Director, Office of Management

FINDINGS AND CONCLUSIONS:

The members of the Board found that:

  1. Xxxxxx retirement as of xxxxx 1986, was for the administrative convenience of the Commissioned Corps and not for any programmatic reason. It was done only to allow the Corps to adhere to its policy that Xxxxxx would have to retire no later than the date he requested since this was his second request for retirement. 
  2. Xxxxxx retirement as of Xxxxxx 1987, was in accordance with Commissioned Corps regulations requiring an officer to be retired when he/she completes xx years of service. 
  3. The Commissioned Corps was under no obligation to Xxxxxx to allow him to remain at the xxxxxxxx to complete his second recall. 
  4. The failure of DCP to notify Xxxxxx of his impending years of service resulted in an inconvenience to him, but did not invalidate the retirement action taken.

Therefore:

The members of the Board concluded that in the case of Xxxxxx retirement as of xxxxxx 1986, the regulation requiring acceptance of a second request for retirement should have been waived to prevent him from being penalized at a later date because the Commissioned Corps recalled him to active duty on the same day he was retired. Xxxxxx was still on active duty during the period from xxxxx 1986­Xxxxxx 1987, when he was officially retired, and his retired pay should be adjusted accordingly.

RECOMMENDATION:

After consideration of all of the information submitted, the recommendation of the members of the Board for Correction is that Xxxxxx request be upheld. Approval of this recommendation requires that Xxxxxx record be corrected to show that his retirement as of xxxxxxx 1986, was rescinded, thus continuing him on active duty until Xxxxxxxx 1987, when he completed xx years of service and was officially retired. Accordingly, Xxxxxx retired pay will-be computed on the xxxxxx 1987, pay scale allowing him an increase in his monthly gross retired pay. He is authorized a lump-sum payment for the difference in retired pay he received and the new monthly gross for the period from Xxxxxx 1987, to the date this recommendation is implemented.


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.