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Board for Correction Case No. 153-93

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Board for Correction Case No. 153-93

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

Recommendation of the Board for Correction on Request of: xxxxx, Case No.153-93

I. Request:

Xxxxxx asked in his application dated Xxxxxx 1993, that the Board authorize Incentive Special Pay (ISP) for him after he discontinued seeing patients on Xxxxxx 1993.

II. Board Action on Officer's Requests:

Date of Board Meeting: xxxxxxx 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

III. Findings, Conclusions and Recommendation

Xxxxxx argued that DCP had denied him ISP on the grounds that his duties at the Xxxxxxxxxxxxxxxx did not fulfill the xxxx hour clinical practice requirement in infectious disease to enable him to receive this benefit. He questioned this requirement since it had not been required of physicians in preventive medicine and research. He argued that his duties had been: "...similar to that done by preventive medicine and the research officers group of physicians" and that he should qualify for ISP on the same basis they did. He also argued that rather than deal with treatment needs of patients on a one-to-one basis, he dealt with needs of the Medicare population of patients and that this met the clinical practice requirement.

The Board agreed with DCP. CCPM, Subchapter CC22.2, INSTRUCTION 10, "Incentive Special Pay" dated June 17, 1991, stated that to be eligible for ISP, an officer not in full-time clinical practice:

"must submit documentation of current or planned involvement in clinical practice for the equivalent of 14 days (112 hours) per year at a military, Bureau of Prisons, Indian Health Service or Coast Guard facility and this practice activity must be reflected in the officer's billet."

The Board concluded that Xxxxxx duties at XXXX did not meet the minimum requirement stipulated in the regulation as attested to by the Medical Officer Special Pay Review Board disqualifying him from ISP. One reason for the bonus was to encourage him to maintain his clinical practice skills. The direct patient contact necessary to do this had not been evident from the duties he performed.

Recommendation

That Xxxxxx request for ISP coverage 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 Xxxxxx request, 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 Xxxxxx request 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 xxxx 1994, when Xxxxxx request was 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 Xxxxxx request 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.