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Board for Correction Case No. 154-93

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Board for Correction Case No. 154-93

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

Recommendation of the Board for Correction on Request of: xxxxxxx, Case No.154-93

I. Request:

Xxxxxx submitted an application to the Board for Correction of PHS Commissioned Corps Records (Board) dated Xxx 1993, asking the Board to change the effective dates of his xxxxxxx, xxxxxxxxxxxx and xxxxxx contracts from Xxx 1991, to Xxx 1991.

II. Summary of Officer's Argument and Documentation:

Xxxxxx was appointed to the Corps on xxxx 1987 (he had been employed by the Xxxxxxxxxxxx (XXX) as early as 1982 and worked there as a clinical xxxxxxxxxxxx. After three years as a xxxxxxx at XXX, he became an independent investigator on a tenure track conducting research as an independent scientist. On xxx 1990, he was recommended for a tenured appointment in the Corps.

Xxxxxx stated that he had been officially granted tenure on Xxx 1990. He contended that because of his tenured status, he had the opportunity to sign new ISP, MRB and RSP contracts to become effective Xxx 1991, if notarized prior to Xxx 1991. However, his records had not been updated to show that he had been tenured and no longer on a tenure track. This caused his contracts to become effective Xxx 1991, with losses in pay from Xxx 1991, to Xxx 1991.

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

DCP had acknowledged on xxxxx 1991, that the Personnel Order changing his status to tenured had not been issued until Xxx 1991, causing this to be the earliest date when his contracts could have become effective. DCP also had acknowledged that they did not have the authority to retroactively modify his records to increase his pay even though XXX had stated that an administrative error was made.

V. Board Action on Officer's Request:

A. Date of Board Meeting: Xxx 1994

B. Board Staff:

Ellen Wormser
Executive Director

Members of the Board:

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

C. Findings and Conclusions:

The processing of this request was pro forma since DCP had no objection to granting it. However, the Board had to authorize DCP to change the effective dates of Xxxxxx contracts since DCP had been precluded from doing so by a ruling of the Comptroller General.

D. Recommendation:

The Board recommends that Xxxxxx request be upheld. Approval of this recommendation requires that the dates of his special pay contracts be changed from Xxx 1991 to Xxx 1991, and that he receive all pay and allowances to which entitled based on this modification of his record.

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, 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 in arriving at this recommendation.

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

If you approve, please sign below.

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

Reviewed and Approved:

I hereby approye 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), upholding his request 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 changing the effective dates of his Incentive Special Pay (ISP), Multiyear Retention Bonus (MRB) and Retention Special Pay (RSP) contracts from Xxx 1991, to Xxx 1991, and that he receive all pay and allowances to which entitled based on this modification of 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.