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Board for Correction Case No. 119-90

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Board for Correction Case No. 119-90

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

Board Recommendation on Request of: xxxxxxxx, Case No. 119-90

Xxxxxxx filed an application with the Board for Correction of PHS Commissioned Corps Records dated xxxxxx 1990. He alleged that he had qualified under the Corps policy to receive a xxxxxxxxxxxx (XXXX), but this benefit had been denied to him. He asked the Board to find him qualified to receive XXXX. Approval of his request would entitle him to either $11,000 or $13,000 or $15,000 per year depending upon whether he signed a two, three or four year contract.

We did not believe the facts in his request justified submitting a complete Advisory Opinion or preparing a complete Case Summary. For this reason, it was not processed through the complete case development cycle. His application and supporting documentation are contained in the attached Case Record. The request was considered on xxxx 1991.

BOARD ACTION ON XXXXXXX REOUEST:

BOARD STAFF:

Ellen Wormser
Executive Director

Thomas E. White, Ph.D.
Executive Secretary

MEMBERS OF THE BOARD:

Robert W. McKinney, Ph.D.
Chairperson
Director, Division of Safety Office of Research Services, NIH

FINDINGS:

The Board found that:

  1. In order to qualify for XXXX, Corps policy required Xxxxxxx to have been either Board Certified in Emergency Medicine or to have been "fully trained" in that specialty. He would have been "fully trained" if he had completed an approved accredited residency training program.
  2. Xxxxxxx admitted to not being Board Certified and to not completing an approved residency training program. He contended, however, that acceptance of his education and training by the xxxxxxxxxxxxxxxxxxxxx when he qualified to take Part I of the Certification Examination he passed satisfied the Corps "fully trained" requirement.

CONCLUSION:

The Board concluded that the Corps policy on eligibility for XXXX was clear and straightforward and that Xxxxxxx had been treated in accordance with that policy. The policy did not allow substitution of the qualifying requirement for taking an examination for that entitling an officer to a financial benefit.

RECOMMENDATION:

The Board recommended that Xxxxxxx request be denied. Approval of this recommendation requires no correction to his record.

We certify that this recommendation reflects the views and actions taken by the Board on this officer's request and that they have been concurred in by the Board members.

We also certify that the Case Record contains all of the information received on his request and that, in addition to applicable statutes, regulations and policies, it was considered by the Board in arriving at this recommendation.

Finally, we certify that a quorum of Board members was present when Xxxxxxx request was considered.

If you approve, please sign below.

Robert W. McKinney, Ph.D.
Director
Division of Safety
Office of Research Services, NIH

Reviewed and Approved:

I hereby approve the recommendation of the Board for Correction on the request of Xxxxxxx 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

Attachment: Case Record


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.