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Board for Correction Case No. 136-91

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Board for Correction Case No. 136-91

199.00 Promotion Program - Promotion to higher grade

Board Recommendation on Request of: Xxxxxxxx, Case No. 136-91

Xxxxxxxx submitted an application to the Board for Correction of PHS commissioned Corps Records dated xxxxxxxx 1991.

Relief Requested:

He had asked the Board to promote him to the 0-4 grade effective 1991.

Digest:

  1. Background: Xxxxxxxx request resulted from what he alleged to have been an administrative error in processing his 1990 COER causing the promotion board not to consider him for promotion in the xxxx 1991. He contended that his COER had been sent forward in xxxxxxxx 1990, that he had received an exceptional rating, and that therefore he should have been considered and no doubt approved for promotion. 
  2. Xxxxxxx View: Xxxxxxxx submitted a memorandum for the record from xxxxxx xxxx, Commissioned Officer Liaison Officer, dated xxxx 1991, in which she accepted responsibility for not informing him that his 1990 COER had not been received for processing in the 1991 promotion cycle. 
  3. Commissioned Corps View: DCP had advised the Board on xxxxxxxx 1991, that a copy of his 1990 COER had not been received from the Indian Health Service (IHS) to which he had been assigned. DCP later concurred with the finding in Xxxxxxxx xxxxxx 1991, memorandum that he had not been notified of his missing COER. DCP concluded that he should be considered for promotion since the IHS had not taken appropriate steps to ensure submission of his COER.
  4. Corrective Action by the Commissioned Corps: The Director, Division of Commissioned Personnel (DCP), reconvened the promotion board on xxxxxxx 1991, to consider a promotion for Xxxxxxxx. The board recommended that he be promoted and gave him a score high enough to be above the cutoff line of officers promoted in 1991. DCP approved his promotion to the temporary grade 0-4 effective xxxxxxx 1992, and prepared a Personnel Order effecting that action.

    Upon further consideration DCP concluded that had Xxxxxxxx been considered by the xxxxxx board, his promotion would have been effective xxx 1991, and for this reason recommended that the Board for Correction correct his record making his promotion effective xxxx 1991, (The Corps is precluded by a ruling of the Comptroller General from issuing a retroactive Personnel Order increasing or decreasing the vested rights of an officer).
  5. Issue: Should Xxxxxxxx be given a promotion based on how his 1990 COER had been processed? If yes, what should be the effective date of that promotion?

Recommendation:

I recommend that you approve DCP's recommendation without our formally convening a Board to consider this case, which is pro forma. Approval of this recommendation would allow DCP to correct his record to show that he had been promoted to the temporary 0-4 grade effective xxxx 1991, entitling him to pay and allowances since that date.

I 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 in arriving at this recommendation.

If you approve, please sign below.

Ellen Wormser

Reviewed and Approved:

I hereby approve the recommendation on the request of Xxxxxxxx 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 a Personnel Order promoting him to the temporary 0-4 grade effective xxxxxx 1991, 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.