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Board for Correction Case No. 105-89

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Board for Correction Case No. 105-89

192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Retroactive pay and allowances

Board Recommendation on the Request of: xxxxx, Case No.105-89

Xxxxx submitted an application to the Board for Correction of PHS Commissioned Corps Records, dated xxxxx 1989, in which he requested Retroactive pay and allowances for the period from xxxxx 1989, to xxx. The amount owed is $3,973.56.

Xxxxxxx, a member of the Inactive Reserve Corps, serves in the Ready Reserve. He has a private xxxx practice in xxxxxxxxx, xxxxxx. At the time this obligation occurred, he had served as a xxxxxx xxxx with the xxxxx in xxxxxxx.

The National Health Service Corps (NHSC) was not aware that Xxxxxxx Form PHS-1662, Request for Personnel Action, required by the Commissioned Corps to initiate orders, had not reached them before he was assigned to his duty station on xxxxx 1989. He had worked there until xxxx 1989. The NHSC was unable to arrange for him to receive pay and allowances for his services absent his orders. The Corps does not have the authority to issue a retroactive order affecting the obligation of the U.S. Government. This proscription is based upon Comptroller General decisions and is noted in the Commissioned Corps Personnel Manual, in Subchapter CC23.6, INSTRUCTION 2, Section D, Item 7.

Both the NHSC and the Corps advised us that they had no objections to the Board taking action to enable Xxxxxxx to be paid. To expedite the processing of his request, we sent copies of his Case File to the Board members and asked them to review the documentation and submit a recommendation to the Board on whether it should be upheld or denied. Their findings and conclusions are included as Attachment 1 to this memorandum.

The Board recommends that Xxxxxxx request be upheld. Approval of this recommendation will require the Corps to issue an order assigning him to his Xxxxxxxxx duty station from Xxx 1989, to Xxx 1989, when he actually worked there, to enable him to receive pay and allowances for that period.

I certify that this recommendation is that of the Board, as included in Attachment 1. Further, I certify that the documentation in Attachment 2 includes all information received by the Board and, in addition to applicable statutes, regulations and policies, was considered in arriving at this recommendation.

If you approve, please sign below.

Ellen Wormser

Attachments

(1) Board Member Findings and Conclusions
(2) Case File including all documentation received

Reviewed and Approved:

I hereby approve the recommendation of the Board for Correction of PHS Commissioned Corps Records on the request of xxxxx, 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 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.