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Board for Correction Case No. 150-93

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Board for Correction Case No. 150-93

109.00 Appointment as Commissioned Officer - Credit for higher grade

Recommendation of the Board for Correction on Requests of: Xxxxxxx xxxxxxxx, Case No.150-93

Requests:

Xxxxxxx asked in his application dated xxxxx 1993, that the Board:

1. Grant him additional credit upon his appointment to the Corps. ­

He asked it to:

  1. Commission him under Section 2, Training, paragraph "b" of the Sanitarian Appointment Standards in effect xxxxx 1989 (they were in effect when he entered on active duty on Xxxxx, 1989, but not when he applied in 1988).
  2. Recognize his xxxxxxxx (in xxxxxxxxxxxxxxxx with a major in xxxxxxxxxxxxxxxx earned in 1972 and his xxxxx (in xxxxx with a major in xxxxxxxxxxxxxxxxxxxxxxxxxxxxx earned in 1974 as meeting the standards (his appointment had been based on his Bachelor's Degree in xxxx earned in 1989).
  3. Recognize his two years working experience in the xxxxxxxx xxxxxxxx, xxxxxxx xxx, Occupational Health, from xxxxxxxx, 1974 to xxxxxx, 1976, as meeting the standards for sanitarian. His primary work experience had been in xxxxxx xxxxxxxx and the remainder in xxxxxx xxxxxx (he considered this experience to have been applicable since these two disciplines were specialties within the field of Occupational Safety and Health).
  4. Adjust his Training and Experience Date (TED) to xxxxx, 1976.
  5. Promote him to Grade 0-4 (LT Commander) with total training and experience (T&E) credit of 15 -years (he believes that he should have entered on active duty as a Grade 0-3 instead of as a Grade 0-2).

2. Grant him 101 days additional retired credit for time served with the xxxxxx, xxxxxxx under active duty orders.

3. Grant him pay and allowances amounting to $32,668 in basic pay; $3,485 in quarters allowance; and $1,072 in variable housing allowance adjusted as of the Board's decision.

Board Action on Officer's Requests:

Date of Board Meeting: xxxxxxxx xx, 1994

Board Staff:

Ellen Wormser
Executive Director

Thomas E. White, Ph. D.
Executive Secretary

Members of the Board:

John P. Buckley
Chairperson of the Board and Program Analysis Officer Office of Policy Coordination, HRSA

Findings, Conclusions and Recommendation:

Xxxxxxx argued that he should be granted additional credit upon his appointment to the Corps based on the degrees he earned in 1972 and 1974 using the xxxxxxxxxxx. This would allow him additional T&E credit and qualify him for promotion to Grade 0-4. He also argued that his work experience after earning the Bachelor's Degree in 1972 more than enabled him to meet the "two years creditable experience in the practice of Environmental Health..." requirement. He argued that he should receive additional retirement credit for his duty with the Military, Uniformed Service and pay and allowances upon promotion to Grade 0-4. A total of xxxx xxxxxxx had considered his varied requests over the years, accepting some and rejecting others.

The Board for Correction, after review of the deliberations of the prior Appointment Boards and Xxxxxxx total record, accepted the findings and conclusions of the 1991 and 1994 Appointment Boards regarding the granting of his requests. The appointment standard adopted in 1983 was still in effect in 1988 when he was appointed to the Corps. The standard had been liberalized from 1983 to 1989 allowing Appointment Boards more flexibility in evaluating the qualifications and experiences of officers like Xxxxxxx. This had allowed prior Appointment Boards to award him additional credits; however, the standards still had not been flexible enough to grant all of what he wanted. The Board for Correction agreed that these Appointment Boards had already given him the benefit of the doubt on the basis of his record.

The Board concluded that Xxxxxxx did not submit sufficient documentation to justify further consideration of his requests. DCP is favorably disposed to making continuing adjustments to his xxx and xxx when supported by creditable documentation. If he wishes, he should explore this further with DCP.

Recommendation:

That Xxxxxxx requests be denied. Implementation of this recommendation requires no change in his record.

We certify that this recommendation reflects the views and actions taken by the Board members on Xxxxxxx requests, and that they have concurred in this recommendation.

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

Finally, we certify that a quorum of Board members was present on xxxxxxx 1994, when Xxxxxxx requests were considered.

If you approve, please sign below.

John P. Buckley
Chairperson of the Board and Program Analysis Officer Office of Policy Coordination, HRSA

Reviewed and Approved:

I hereby approve the recommendation of the Board members on Xxxxxxx requests and corrections to his record 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).

Anthony L. Itteilag
Acting 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.