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Board for Correction Case No. 109-89

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Board for Correction Case No. 109-89

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

Recommendation of the Board for Correction on the Request of Xxxxxxxxx, Case No. 109-89

xxxx submitted an application to the Board for Correction of PHS Commissioned Corps Records, dated xxxxx 1989, in which he requested retroactive payment of Medical Officers' Retention Bonus (MORB) to xxxx 1989. Approval of a bonus as of the date would have qualified him to receive $5,500.00 additional.

After an initial disagreement with the Division of Commissioned Personnel (DCP) over the effective date of his MORB bonus, xxxx and DCP agreeded to a two year contract effective xxxx 1989- xxxx 1991. However, DCP's statutory authority to enter into a 1989 MORB contract expired xxx 1989. Therefore, the Board had to consider whether his contract should be approved. It also had to consider whether to grant DCP the authority to issue a retroactive personnel order entitling him to the monies since the Commissioned Corps has been precluded by a ruling of the Comptroller General from issuing an order for this purpose.

The merits of xxxx request were reviewed on the basis of the documentation submitted. However, we did not believe the facts and issue in his request justified processing it through the complete case development cycle and that a meeting of the Board should be held. We also wanted to expedite processing his request to avoid any further delay in rendering a final decision. Therefore, we sent his request to the Board in compressed form.

The Board concluded that since both xxxx and DCP had agreed to the period of his MORB contract, there was no disagreement or conflict. Accordingly, it recommended that his contract be approved. It also recommended that OCP be granted the authority to issue a retroactive personnel order. Approval of these recommendations requires DCP to correct his record to show that a two year MORB contract had been issued effective xxxx 1989, and issue the order.

We certify that these recommendations reflect the views and actions taken by the Board on xxxx request, and that they have been concurred with by the Board members.

We also certify that the attached Case Record contains all of the documentation received on xxxx request and that, in addition to applicable statutes, regulations and policies, it has been considered by the Board in arriving at these recommendations.

Finally, we certify that a quorum of Board members considered xxxx request.

If you approve, please sign below.

Betty J. Cook

Case Record

Reviewed and Approved:

I hereby approve the recommendations of the Board for Correction on the request of Xxxx received and considered in accordance with the authority of Section 221a(a)(12) of the Public Health Service Act (P.L. 96-76. as amended) and 42 U.S.C. 213a(a)(12).

Wilford J. Forbush
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.