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Board for Correction Case No. 164-94

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Board for Correction Case No. 164-94

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

Recommendation of the Board for Correction on the Request of: xxxxxxxxx, Case No. 164-94

I. Request:

Xxxxxxx submitted an application to the Board dated xxxx 1994; requesting that he be authorized Incentive Special Pay (ISP) for 1993.

II. Summary of Officer' s Argument and Documentation:

Xxxxxxx stated that upon his graduation from the xxxxxxxxxxxx in xxxxx 1992, he inquired about his eligibility for ISP and was informed that he was not eligible. He inquired again in xxxxx 1993 and again was informed that he was not eligible. He was considered ineligible because his record did not show he had graduated from XXXXX in a residency program in occupational medicine.

He arranged to have this information placed in his record. During the xxxxxxxx 1993 and xxxx 1994 time­frames, he was informed that he was eligible for ISP in 1993 and 1994, but that DCP did not have the authority to issue a retroactive personnel order granting him special pay. DCP recommended that he apply to the Board for relief.

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

DCP advised the Board on xxxx 1994, that Xxxxxxx received ISP in 1994. He had been eligible for ISP since 1993. However, his records lacked documentation that he had requested ISP in 1993. He had stated that he had been informed that he had not been eligible in 1993, but there was no indication of who misinformed him. His records indicated that he could have received ISP in 1993 had he submitted a xxxxxxx xxxx in a timely manner.

DCP also advised the Board that because Xxxxxxx had not identified the source of the misinformation he received, it had been impossible to determine whether his failure to receive ISP in 1993 had been due to his negligence or to an administrative error by DCP or to a failure by his program official to submit the necessary documentation.

DCP advised further that it had no objection to the Board upholding his request, and that due to a ruling of the Comptroller General, DCP could not issue a retroactive personnel order correcting his record granting the relief requested.

IV. Board Action on Officer's Request:

The following Board, action was completed on xxx 1995.

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

V. Findings, Conclusions and Recommendation:

Findings and Conclusion:

The Board did not believe that the facts in Xxxxxxx case had justified preparing a Case Summary or processing his request through the complete case development cycle. The Board also was aware that DCP had been willing to take corrective action on the matter, but was not able to do so due to a ruling of the Comptroller General. The Board concluded that Xxxxxxx supervisory management had intended for him to receive ISP for 1993, but this did not happen due to administrative errors and further due to the ruling of the Comptroller General, the Board would have to grant DCP the authority to correct his record.

Therefore:

Recommendation

After consideration of all of the information submitted, the Board recommends that Xxxxxxx request be upheld entitling him to a one year 1993 ISP contract in the amount of $4,800. Approval of this recommendation requires that DCP correct his record by issuing a personnel order entitling him to ISP for 1993.

We certify that this recommendation reflects the views and actions taken by the Board on Xxxxxxx 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 Xxxxxxx 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 considered Xxxxxxx request.

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 Board recommendation on Xxxxxxx request and the correction to his record considered in accordance with P.L 96-76, Public Health Service Act, Section 312, Section 221a(a)(12) (42 U.S.C. 213a(a)(12) extending the provisions of 10 U.S.C. 1552.

Anthony L. Itteilag
Deputy Assistant Secretary for Health (Management and Budget)

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.