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Board for Correction Case No. 138-91

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Board for Correction Case No. 138-91

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

Board Recommendation on Request of: xxxxxx, Case No.138-91

Xxxxxx submitted an application to the Board for Correction of PHS Commissioned Corps Records dated xxxxxxx 1991.

Relief Requested:

He asked the Board to authorize a Retention Special Pay (RSP) contract for him effective xxxxx 1991.

Case Digest:

Background

Xxxxxx alleged that his request resulted from administrative errors in processing renewal of his RSP contract, causing him not to have a contract from xxxx 1991, to xxxx 1992.

Xxxxxx view

On xxxx 1991, when DCP sent out the list of officers eligible or ineligible for RSP contracts effective xxxxx 1991, he was completing the second year of his xxxxxx xxxxxxxxx xxxxx tour of duty at XXX. He was shown in the list of ineligible officers because his current tour would end xxxx 1991. Later, he entered the xxxxxxxxx xxxxxx xxxxx at XXX for a tour ending xxxxxx 1992. The Personnel Order effecting this change was issued xxxx 1991. He was ineligible for RSP effective xxx 1991, because he had not signed a new contract prior to expiration of his current contract. The DCP deadline to apply for a contract effective xxxx 1991, was xxx 1991. On xxxxxx 1991, he signed and had notarized a new contract after extending his tour of duty.

Xxxxxx also alleged that when notified in xxxxx 1991 that he was eligible to sign a new contract, the DCP deadline had already passed and his current tour was in effect. He alleged that he was unable to process a contract prior to the DCP deadline because orders had not been issued extending his tour. For this reason, the XXX Program Office asked that a waiver be granted allowing him a contract as of xxxxx 1991. XXX acknowledged that an error had been made in processing his contract stating: "The error was not the result of the officer's negligence and was beyond his control."

Commissioned Corps View

DCP stated in its undated memorandum to XXX responding to the waiver request that Corps policy required it to issue the list of officers eligible or ineligible for RSP 60 days prior to the contract expiration date. DCP considered the xxxx 1991, memorandum to have notified XXX that Xxxxxx contract would expire and that he would not be eligible for another because his tour would end xxxx 1991. His new contract was notarized xxxxxx 1991, 52 days after expiration of his current contract and received by DCP 75 days later, not allowing it to be backdated as he requested.

DCP indicated that Xxxxxx could be given RSP coverage under a contract effective xxxx 1991, provided his tour of duty was extended through xxxxx 1992, increasing it from xxxx 1992 by 51 days. (XXX found an extension of his tour of duty unacceptable because the program in which he had been enrolled limited tours to one year only, beginning xxx of each year and because of financial and ceiling constraints within the agency).

Upon further consideration, DCP acknowledged that XXX would benefit from separating Xxxxxx on xxxx 1992, since it would allow them to place another individual in the xxx training program. However, DCP was prohibited by its rules and regulations from backdating an RSP contract in the manner that would allow XXX to make this placement. Based upon these considerations, DCP recommended that the Board grant the relief requested.

Issue

What should be the effective date of Xxxxxx current RSP contract?

Recommendation:

The Board recommended that Xxxxxx request be upheld. Approval of this recommendation would allow DCP to correct his record to show that his RSP contract was effective xxxx 1991, as he requested.

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 this recommendation.

We certify that a quorum of Board members considered Xxxxxx request.

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 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 a Personnel Order making his RSP contract effective xxxx 1991, as approved.

Wilford J. Forbush
Director
Office of Management


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.