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Board for Correction Case No. 169-95

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Board for Correction Case No. 169-95

231.00 Training (Includes Career Development) - Change training status

Board Members' Recommendation and Decision on Request for Reconsideration by: xxxxxx, Case Number 169-95

I. Background

Xxxxxxx initial application to the Board was received on xxx 1995. He asked it to change his training status while at the university from 2R (enrollment in a program that would lead to board certification in general xxxxxxxxx) to 2N (enrollment in a program that would not lead to board certification). He also asked the Board to authorize him to receive retroactive special pay for the period while in training.

II. Officer's Request for Reconsideration

The Board upheld Xxxxxxx request in a decision dated xxxxxx 1996. The decision changed his orders from 2R to 2N. The correction entitled him to receive $12,000 in Additional Special Pay, $6,000 for each year while in training (the monies to be paid from the xxx appropriation). The Division of Commissioned Personnel (DCP) informed the Board on xxxxxx 1999 that Xxxxxxx had accepted $10,883.35 in special pay. (The record did not explain the difference between the amount to which entitled and the amount received by Xxxxxxx.)

III. Arguments by Officer

Xxxxxxx argued as follows in his request for reconsideration:

  1. To the best of his knowledge, he was paid two years of Additional Special Pay in error.
  2. A recheck of the records at the university indicated that he had indeed completed the program leading to board certification.
  3. The Additional Special Pay paid to him should be returned to the U.S. Government.

IV. Arguments by the Division of Commissioned Personnel

DCP argued as follows on the request for reconsideration:

  1. Based on new information received, the Board could conclude that Xxxxxxx record contained an error of fact.
  2. Concurrent with the finding of an administrative error, the Board's initial decision could be vacated and/or rescinded.

In the event the Board elects to reverse its initial decision, Xxxxxxx would have to reimburse the U.S. Government $10,883.35. He would be eligible to request a multi-year retention bonus contract.

V. Board Action on Officer's Appeal

Date of Board Meeting: xxxxx 2000

Board Staff:

Norman E. Prince, Jr.
Staff Director
Program Support Center Executive Director
Board for Correction of PHS Commissioned Corps

Thomas E. White, Ph.D.
Executive Secretary
Board for Correction of PHS Commissioned Records

Members of the Board:

William F. Raub, Ph.D.
Chairperson of the Board and Deputy Assistant Secretary for Science Policy
Office of the Assistant Secretary for Planning and Evaluation, OS

Conclusion

The Board members concluded that subsequent to the Board's initial decision, Xxxxxxx submitted new information documenting the fact that he had been enrolled in a program leading to board certification rather than in a program not leading to board certification. The initial decision had been based on incorrect information.

Recommendation and Correction to the Record

  1. Change Xxxxxxx training status from 2N to 2R.
  2. Require him to reimburse the U.S. Government for the full amount of the Additional Special Pay he received.

We certify that the Board members' recommendation and correction to the record reflect their views and actions after considering Xxxxxxx request for reconsideration and that they have concurred in this matter.

We certify, further, that the Case Record, shown as an Attachment, contains all documentation received on Xxxxxxx request; and in addition to applicable statutes, regulations and policies, it was considered by Board members.

Finally, we certify that a quorum was present on xxxxxx 2000 when Xxxxxxx request was considered.

If you approve, please sign below.

William F. Raub, Ph.D.
Chairperson of the Board
and Deputy Assistant Secretary for Science Policy
Office of the Assistant Secretary for Planning and Evaluation, OS

Reviewed and Approved:

I hereby (x) approve ( ) disapprove the Board members' recommendation and correction to the record on Xxxxxxx request for reconsideration 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) , extending to the PHS Commissioned Corps the provisions of 10 U.S.C. 1552, and empower the Director, Division of Commissioned Personnel, Human Resources Service, Program Support Center, to implement this decision and correct his record as stipulated. He is entitled to review his record to ensure compliance with this decision.

Lynnda M. Regan
Director
Program Support Center

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.