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Board for Correction Case No. 145-92


Board for Correction Case No. 145-92

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

Recommendation of the Board for Correction on Request of: xxxxxxx, Case No.145-92

I. Request:

Authorize xxxxxxxxxxx contract retroactive to xxxxx 1991.

II. Summarv of Officer's Argument and Documentation:

Xxxxxx has alleged that he did not receive a xxxxxx 1991, memorandum sent to all officers by DCP on MRB explaining the provisions for backdating the contract (and for this reason did not receive the formal contract that would have been attached). The memorandum was alleged to have been sent in xxxx 1991. According to procedures, in order to have a contract dated xxxx 1991, it had to have been notarized before xxxx 1991, and received by DCP by xxx, 1991. His xxx contract had been notarized xxx 1991, and received xxxx 1992, (the earliest date on which DCP could have made it effective) .

IV. Summary of Division of Commissioned Personnel's Argument and Documentation:

Xxxxxx did not exercise reasonable care in his own best interest. He failed to follow-up on information provided by his xxxxxxxxxxxxxxxxxxxx xxxxxxx xxx. DCP, through his Agency Liaison, provided the xxx Administrative Officer with the necessary information and the new contract forms within a few weeks after the Administrative Officer advised the officer that there would be changes in xx. If, as the officer stated, he did not receive the necessary forms, he failed to contact his Agency Liaison as advised to do so in the xxxx 1991 issue of the commissioned Corps BULLETIN. Although additional information was published in the xxxxx and xxx 1991 issues of the BULLETIN, he failed to follow up with the MCHB Administrative Officer or DCP staff for a period of almost one year. It was his responsibility to have obtained timely assurances from DCP that his understanding regarding a backdate to xxxxxx 1991 was correct. He has failed to prove a factual error or injustice.

V. Board Action on Officer's Request:

A. Date of Board Meeting: Xxxx 1994

B. Board Staff:

Ellen Wormser
Executive Director

Thomas E. White, Ph.D.
Executive Secretary

Members of the Board:

Robert McSwain
Chairperson of the Board and Acting Associate Director
Office of Human Resources, IHS

C. Findings and Conclusions:

The Board did not find that Xxxxxx had made any effort to obtain information on the processing of his xxxx contract during the period from xxxx 1990 to xxxx 1991, after learning that the xxx form would be revised. He spoke with DCP staff about this matter in xxxxx 1991, one year later. This caused him to miss the deadline date for processing a contract effective xxx 1991. The Board did not find any indication that other officers had experienced similar problems in receiving their contract forms. The Board believed that it had been incumbent upon Xxxxxx, an experienced officer with over 20 years service in the commissioned Corps, to have monitored the situation in order to make sure that his financial interests would be protected.

D. Recommendation:

Accordingly, the Board members recommend that Xxxxxx request be denied. Approval of this recommendation requires no change to his record.

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

We certify, further, that the Case Record, shown as an Attachment contains all of the documentation received on Xxxxxx request and that, in addition to applicable statutes, regulations and policies, it had been considered by the Board in arriving at this recommendation.

Finally, we certify that a quorum of Board members was present on xxxxxx 1994, when Xxxxxx request had been considered.

If approve, please sign below.

Robert McSwain
Chairperson of the Board and Acting Associate Director
Office of Human Resources, IHS

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) denying his request. Approval of this recommendation requires no change to his record.

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.