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Board for Correction Case No. 128-91

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Board for Correction Case No. 128-91

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

Board Recommendation on Request of: xxxxxxxxx, Case No.128-91

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

Relief requested:

Xxxxxxx asked the Board to authorize two-year Medical Officer's Retention Bonus (MORB) and Incentive Special Pay ­Hardship (ISP-H) contracts for him effective xxxx 1990, the date of his 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 Xxxxxxx effective xxxx 1990. The remainder of his request concerns whether a two-year MORB contract should be approved and whether his ISP-H contract should be changed from one to two years.

Xxxxxxx view:

His 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.

He is a xxxxxxx. A two-year MORB contract would have given him $1,500 per year. Congress replaced MORB with the Multiyear Retention Bonus (MRB) effective xxxx 1991. A two-year MRB contract would have given him $3,000 per year. A two-year ISP-H contract would have given him $16,000 per year (because of his Category A assignment).

He has alleged that he was recruited and decided to go to xxxxx in the xxxx 1990. He contended that his pay and special pays were reviewed several times and that his 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 xxxx 1990, by the Clinical Director, indicated he may have signed two-year contracts as early as xxxx 1990. He has contended that he was not notified of any changes to the terms of his contracts prior to his appointment and that he did not find MORB or ISP-H contract forms in his packet when he reported for duty.

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

Commissioned Corps view:

Xxxxxxx and all officers were advised that the income they would receive would not be guaranteed and would be subject to change. His duty station was a Category A assignment. He could have but did not receive an ISP-H contract upon his 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 him effective xxx 1990.

Xxxxxxx 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 him or any evidence of a contract (it was not clear to DCP that the Indian Health Service ever intended that he receive MORB since that pay had been lined out on the benefits sheet in his record). DCP does not recommend that his record be changed because he was on active duty and could have submitted a contract.

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

Board Action on Xxxxxxx Request:

Members of the Board:

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

Board Staff:

Ellen Wormser
Executive Director

Thomas E. White, Ph.D.
Executive Secretary

The Board found that:

  1. his duty station qualified him for an ISP-H contract;
  2. he was on active duty prior to expiration of, the authority to approve multiyear contracts; 
  3. he submitted an ISP-H contract before DCP lost its multiyear contracting authority;
  4. his medical specialty qualified him for a MORB contract;
  5. his CAD was 16 days before the August 10, 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 Xxxxxxx 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 he made efforts to obtain multiyear contracts. The critical elements causing him not to obtain them seemed to have been a shortcoming in receiving a completed packet at his isolated ISP-H site and the short time span between his CAD and the deadline for submitting a MORB contract. The Board accepted his contention that he 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 his request.

Recommendation:

The Board recommended that Xxxxxxx request be upheld. Approval requires that his record be corrected to show that he had notarized and approved applications for two-year MORB and ISP-H contracts both effective xxxx 1990, entitling him to payments of $1,500 for each year of his MORB contract; an additional $8,000 for the first year of his 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 Xxxxxxx 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 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 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 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) and authorize the Director, Division of Commissioned Personnel (DCP), Office of the Surgeon General/PHS, to correct his record as stipulated and issue Personnel Orders entitling him to two­ year Medical Officer's Retention Bonus (MORB) and Incentive Special Pay-Hardship (ISP-H) contracts both effective xxxx 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.