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Board for Correction Case No. 098-88

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Board for Correction Case No. 098-88

109.00 Appointment as Commissioned Officer - Recall to active duty

Recommendations of the Board for Correction on Requests of xxxxxx Case No.095-88:

xxxxxxx filed an application with the Board for Correction dated xxx 1988, in which he requested that, he be:

1.released from all obligations to the Federal Government for any monetary indebtedness and for any future service in either the Commissioned Corps or the National Health Service Corps (NHSC); or

2.recalled to active duty and assigned to Xxxxxxxxx (effective the date of his termination from the Commissioned Corps);

3.authorized retroactive pay and allowances upon recall to active duty; and

4.reimbursed for traveling expenses incurred while en route to his new duty station.

The merits of xxxxxxx requests were initially considered in a meeting of the Board for Correction held on xxxxx 1988. Subsequent to that meeting, the Office of the Surgeon General requested reconsideration on the grounds that it had obtained new and relevant documentation on Xxxxx 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 from the Indian Health Service, the NHSC and the Xxxxxxxxxx.

The Board members met again to reconsider Xxxxx requests on the basis of the additional documentation received. The additional information was found to be new and relevant. The relevant facts in the Proceedings of the Board are included in Attachment 1 to this memorandum.

After reconsideration of all of the documentation received, the members of the Board, therefore, have modified their prior recommendations in such a manner as to recognize fault by both xxxxxx and the Federal Government. Specifically:

The Board members recommended that Xxxxx record be corrected to:

a. remove his AWOL, effective Xxxx 1987, and his termination from the Corps, effective, Xxxx 1987. Remove also all references in his record to events and documents including and subsequent to his reassignment; grant him an honorable separation from the Commissioned Corps from his position in Xxxxx, effective Xxxx 1987; and restore his sick and annual leave balances to what they would have been as of Xxxx 1987, the date of his honorable separation from the Corps including any leave denied due to not completing his RSP contract, if any. See 4 b. below on pay for unused leave.

The members of the Board also recommended that:

xxxxxxx be required to complete the remaining 20 months and 22 days of his service obligation to the NHSC. Among the alternative ways of accomplishing this, he may: follow up on his application under the xxxxxxx. Since the deadline for his acceptance of the Xxxxxxx site already offered to him (or any other site under this program) has passed, the Board recommended that the record be corrected to show that he matched within the time required by NHSC regulations or by the law; accept a site in xxxx, if there is a funded one available, and if management of that site is willing; or choose to buy-out his remaining obligation under the terms and conditions of the NHSC Scholarship Program.

The NHSC shall inform xxxxx in writing of its list of sites, with funded vacancies, and of the amount he would owe under the buy-out option by registered mail, not more than two weeks after receipt of this recommendation. It shall be sent to the place where xxxxxx is physically located at the time.

Xxxxxxx shall inform the Director, NHSC, in writing, of his choice of site and vacancy or of his decision to buy-out his remaining obligation by registered mail, not more than two weeks after receipt of the list of sites and vacancies from the National Health Service Corps. The effective date of his assignment to any site shall be set by the Director, NHSC. However, he shall be allowed appropriate time to find new housing, if necessary, and to return to his home, pack up his household and move to his choice of site where he shall satisfy his NHSC obligation.

If, after informing the Director, NHSC, of his choice of site, xxxxxx defaults by failing to begin his assignment or leaving before completing the remainder of his obligation, he shall repay the Federal Government an amount determined to be due under the terms and conditions of his NHSC Scholarship contract and under his RSP contract.

The Board members recommended that Xxxxxxx be reimbursed for:

his prior traveling expenses incurred while enroute to xxxxx and for shipping expenses of his personal household effects so that he could live and work in Xxxxxxx where he now resides;

shipping and traveling expenses for himself from the place where his household goods are physically located and for his family to his new site where he shall satisfy his NHSC obligation; and

shipping and traveling expenses from the place where his household goods are physically located at the time to his new location in the event he should choose to buy-out.

The members of the Board recommended that when Xxxxxxx completes his NHSC service obligation or if it is cancelled under a buy-out arrangement that:

the balance due of approximately $ 6,000 on the unfulfilled portion of his RSP contract be cancelled;

he be paid for any unused annual leave he may have accumulated while an officer in the Commissioned Corps; and

he be paid back pay and allowances from xxxxx, 1987, to xxxxxx, 1987, the date honorably separated from the Corps, excluding any overpayment he may have received due to the timing of his AWOL and the processing of his pay and allowances for that month. Any back pay and allowances paid to him for that period shall be offset by 100 percent of private sector earnings during that period for which pay and allowances have been authorized. He shall be required to show a copy of pay slips from his employer and tax return in order to receive such back pay and allowances for the period stipulated.

I certify that these recommendations reflect the action taken by the members of the Board for Correction, and that they have been reviewed and concurred with by the Board members. Further, I certify that the documentation contained 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 xxxxx, 1989, when Xxxxx requests were reconsidered.

If you approve, please sign below.

Ellen Wormser

Attachments

(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. 231a (12).

Wilford J. Forbush

Deputy Assistant 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.