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Board for Correction Case No. 127-91

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Board for Correction Case No. 127-91

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

Board Recommendation on Request of: xxxxxxx, Case No.127-91

Xxxxx filed an application with the Board for Correction of PHS Commissioned Corps Records dated xxx 1991.

Relief requested:

Xxxxx asked the Board to authorize two-year Medical Officer's Retention Bonus (MORB) and Incentive Special Pay ­Hardship (ISP-H) contracts for her effective xxxx 1990, the date of her entry on active duty (CAD).

Corrective Action by the Commissioned Corps:

The Division of Commissioned Personnel (DCP) advised the Board on xxxx 1991, that it took corrective action and processed a one year ISP-H contract for Xxxxx effective xxxx 1990. The remainder of her request concerns whether a two-year MORB contract should be approved and whether her ISP-H contract should be changed from one to two years.

Xxxxx View:

Her request resulted from having been recruited before but not entering on active duty until after loss of multiyear ISP-H contracting authority by the Corps and not having received a MORB application until after the deadline date for applying for MORB had passed.

She is a xxxxxxx xxxxxxxxxxxx. A two-year MORB contract would have given her $1,500 per year. Congress replaced MORB with the Multiyear Retention Bonus (MRB) effective xxxxx 1991. A two-year MRB contract would have given her $3,000 per year.

A two-year ISP-H contract would have given her $16,000 per year (because of her Category A assignment).

She has alleged that she was recruited and decided to go to xxxxxxxx in the xxxx 1990. She contended that her pay and special pays were reviewed several times and that her decision to go to an isolated site had been made partly on receiving two-year MORB and ISP-H contracts. A memorandum in the record xxx 1990, by the Clinical Director, indicated she may have signed two-year contracts as early as xxx 1990. She has contended that she was not notified of any changes to the terms of her contracts prior to her appointment and that she did not find MORB or ISP-H contract forms in her packet when she reported for duty.

She has alleged that after requesting both MORB and ISP-H contracts, she received an ISP-H contract only on xxxx 1990. She had the ISP-H contract notarized on Xxxxx 1990, for two-years effective xxxx 1990 (her CAD) . She contended it was received by DCP on Xxxxx 1990. On xxxx 1990, DCP approved a one-year ISP-H contract effective Xxxxx 1990. On xxxxxx 1990, she wrote to DCP asking that it be changed to a two-year contract effective xxx 1990. She did not apply for MORB since the deadline date had passed before she received an application.

Commissioned Corps view:

Xxxxx and all officers were advised that the income they would receive would not be guaranteed and would be subject to change. Her duty station was a Category A assignment. She could have but did not receive an ISP-H contract upon her call to duty and did not process a contract until after the authority to grant multiyear contracts expired. DCP processed a one-year ISP-H contract for her effective xxxx 1990.

Xxxxx did not submit a MORB contract before the xxxxx 1990, deadline. MORB was discretionary payable only after a contract had been submitted through the Agency consummated by issuance of a personnel order. Additionally, the provision for backdating contracts only applied to the initial eligibility date (it had to be notarized within 30 days of that date and received by DCP within 60 days). DCP did not receive a MORB contract from her or any evidence of a contract (it was not clear to DCP that the xxxxxx ever intended that she receive MORB since that pay had been lined out on the benefits sheet in her record). DCP does not recommend that her record be changed because she was on active duty and could have submitted a contract.

Xxxxx application and documentation are contained in the Attachment. Her request was considered at a Board meeting on xxxxx 1991.

Board Action on Xxxxx Request:

Board Staff:

Ellen Wormser
Executive Director

Thomas E. White, Ph.D.
Executive Secretary

Members of the Board:

Raymond E. Bahor, Ph.D.
Chairperson
Associate Chief for Review Division of Research Grants Referral and Review Branch, NIH

The Board found that:

  1. her duty station qualified her for an ISP-H contract; 
  2. she was on active duty prior to expiration of the authority to approve multiyear contracts; 
  3. she submitted an ISP-H contract before DCP lost its multiyear contracting authority; 
  4. her medical specialty qualified her for a MORB contract;
  5. her CAD was 16 days before the xxxxx 1990, deadline for submitting a MORB contract; and
  6. DCP did not have the authority to back-date a contract as requested.

Conclusion:

The Board concluded that Xxxxx had been promised multiyear MORB and ISP-H contracts before DCP lost its contracting authority and before the application filing date. The Board also concluded that she made efforts to obtain multiyear contracts. The critical elements causing her not to obtain them seemed to have been a shortcoming in receiving a completed packet at her isolated ISP-H site and the short time span between her CAD and the deadline for submitting a MORB contract. The Board accepted her contention that she took an assignment at the isolated site in anticipation of receiving higher remuneration for service at that site. The Board evaluated cases DCP had already acted on and concluded that the facts and circumstances in this case justified giving favorable consideration to her request.

Recommendation:

The Board recommended that Xxxxx request be upheld. Approval requires that her record be corrected to show that she had notarized and approved applications for two-year MORB and ISP-H contracts both effective xxxxx 1990, entitling her to payments of $1,500 for each year of her MORB contract; an additional $8,000 for the first year of her ISP-H contract and $16,000 for the second year.

We certify that this recommendation reflects the views and actions taken by the Board on Xxxxx request and that it has been concurred in by the Board members.

We certify that the Case Record contains all of the information received on her 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 Xxxxx request was considered.

If you have any comments or questions, call me on xxxxx.

If you approve, please sign below.

Raymond E.Bahor, Ph.D.
Associate Chief for Review Division of Research Grants Referral and Review Branch, NIH

Reviewed and Approved:

I hereby approve the recommendation of the Board members on the request of Xxxxx 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) and authorize the Director, Division of Commissioned Personnel (DCP), Office of the Surgeon General/PHS, to correct her record as stipulated and issue Personnel Orders entitling her to two­ year Medical Officer's Retention Bonus (MORB) and Incentive Special Pay-Hardship (ISP-H) contracts both effective xxxxx 1990.

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.