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Board for Correction Case No. 130-91

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Board for Correction Case No. 130-91

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

Board Recommendation on Request of: xxxxxxx, Case No.130-91

Xxxxxx filed an application with the Board for Correction of PHS commissioned Corps Records dated xxxxx 1991.

Relief requested:

He asked the Board to authorize a two-year Incentive Special Pay-Hardship (ISP-H) contract for him. A two-year contract would have paid him $16,000 per year.

Corrective Action by the Commissioned Corps:

The Division of commissioned Personnel (DCP) advised the Board that it took corrective action and processed a one-year ISP-H contract for Xxxxxx effective Xxxxxx 1990. The remainder of his request concerns whether a two-year contract should be approved.

Digest

  1. Background. Xxxxxx's request resulted from having been recruited before, but not entering on active duty until after loss of contracting authority by the Commissioned Corps to approve multiyear ISP-H contracts.
  2. Xxxxxx view: Xxxxxx has alleged that he began duty at a Tier 1 hardship site (Category A) with the understanding he would receive a two-year ISP-H contract with a $16,000 per year stipend. He contended that he received an incomplete packet before starting on active duty; the ISP-H contract had not been included. He stated that he signed the Retention Special Pay (RSP) contract in his packet and delivered it to DCP on Xxxxxx 1990, before the xxxxxx 1990, cut-off date and would have done the same for the ISP-H contract had one been in his packet.

    Xxxxxx contended that two weeks after his Call to Active Duty (CAD), he was told by DCP they had canceled two-year ISP-H contracts for officers with CAD dates after Xxxxxx 1990, and that he would have to sign a one-year contract for $8,000 per year (he stated that he had been on-site for three weeks before DCP told him of its action and although his CAD date was xxxxxx 1990, he had been on TDY in xxxxxx xxxxxx 1990-xxxxxx 1990).
  3. Commissioned Corps view: Xxxxxx and all officers had been advised that the income they would receive would not be guaranteed and would be subject to change. His CAD was Xxxxxx 1990. This is the date the xxxxxx xxxxx had requested that he report for duty. Although he may have been on-site for personal reasons prior to his call to duty, one cannot report for duty as a commissioned officer prior to a CAD.

    The availability of the contract form prior to Xxxxxx 1990, was immaterial. The earliest effective date of a contract would have been his CAD. He could not have executed a two-year ISP-H contract as of his CAD because the authority for multiyear contracts expired (Xxxxxx 1990). Because he was not on active duty before this expiration date, he, was not eligible for a multi-year contract. DCP cannot recommend any change in his record. 
  4. Issue: Should the Board authorize DCP to change Xxxxxx one-year ISP-H contract to a two-year contract?

Board Action on xxxxxxxxx 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

Findings:

The Board found that:

  1. his hardship site location qualified him for ISP-H;
  2. his CAD was Xxxxxx 1990, one-day after DCP lost its authority to approve multi-year ISP-H contracts; 
  3. a one-year ISP-H contract was approved for him effective Xxxxxx 1990; and
  4. DCP did not have the authority to approve a two-year ISP-H contract for him effective xxxxxx 1990, as he requested.

Conclusion:

The Board concluded that Xxxxxx had been promised a multi­year ISP-H contract before his CAD and before DCP lost its authority to approve multi-year contracts. The critical element affecting his ability to obtain a two-year ISP-H contract was the fact that his CAD, which was an arbitrary date that come one day before the date DCP lost its contracting authority, could have been changed had the financial impact the date would have on Xxxxxx been recognized.

Recommendation:

The Board recommended that Xxxxxx request be upheld. Approval of this recommendation requires that his record be corrected to show he had notarized and approved a two-year ISP­H contract effective xxxxxx 1990. This recommendation requires that he receive one additional day pay and allowances, that he be paid an additional $8,000 for the first year of his contract and $16,000 for the second year, and that his current contract and service credit be changed accordingly.

We certify that this recommendation reflects the views and actions taken by the Board on Xxxxxx 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 the recommendation.

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

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 Xxxxxx 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 changing the effective date of his ISP-H contract and service credit as approved.

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.