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Board for Correction Case No. 114-90

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Board for Correction Case No. 114-90

167.00 Indebtedness-Collection Upon Separation - Cancel debt to the U.S. Government

Recommendation of the Board for Correction on Request of: xxxxxxxx, Case No. 114-90

Xxxxxxxxx filed an application with the Board for Correction xxxxx 1990, requesting return of $3,205.50 paid by him reimbursing the U. S. Government for overpayment of his Variable Housing Allowance (VHA).

The merits of Xxxxxxxxx request have been reviewed on the basis of the entire record. The Board concluded:

  1. he had not been obligated to report to his new duty station without orders (Corps policy had constrained officers from doing so). He did so with full knowledge of the circumstances and consequences that entailed;
  2. that while the people who processed his paperwork may not have followed correct procedures, there was no financial harm to Xxxxxxxxx;
  3. he not only had access to the monies for several years, he also had access to any interest income that may have been earned; and
  4. he is not in a worse situation now than he would have been had he received written orders when reassigned.

Accordingly, the Board recommends that Xxxxxxxxx request for relief be denied. Approval of this recommendation requires no correction to his record. Attachment 1, Section II includes the Findings, Conclusions and Recommendation on his request.

We certify that this recommendation reflects the views and action taken by the Board on Xxxxxxxxx request, as contained in Attachment 1, and that it has been concurred in by the Board members.

We certify further, that the Case Record, shown as Attachment 2, contains all of the documentation received on Xxxxxxxxx request and that, in addition to applicable statutes, and policies, it has been considered by the Board in arriving at this recommendation.

Finally, we certify that a quorum of Board members was present on xxxxx 1991, when his request was considered.

If you approve, please sign below.

XXXXX X. XXXXXXX, XXX
XXXXXXXX, XXXXXX XXXXXXXXX, NIH

Attachments

(1) Findings, Conclusions and Recommendation
(2) Case Record

Reviewed and Approved:

I hereby approve the recommendation of the Board for Correction on the request of Xxxxxxxxx received and considered in accordance with the authority of Section 22la (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.