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Board for Correction Case No. 186-96

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Board for Correction Case No. 186-96

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

Recommendation of the Board for Correction on Appeal of: xxxxxxx, Case No.186-96

I. xxxxxxx Appeal for Relief:

Xxxxxx asked the Board to:

Change the date of his Additional Special Pay (ASP) contract from xxxx back to Xxxxxx each year to coincide with his Creditable Service Entry Date (CSED). He transferred from the Xxxxxx to the commissioned corps on Xxxxxx 1993, and was detailed to the xxxxxxxxxxx on the same date establishing Xxxxxx 1993 as his service entry date.

When he transferred to the commissioned corps, he had been under a contract ending Xxxxxx 1993. In asking that the date of his special pay contract coincide with his CSED, Xxxxxx seeks to make sure that the end date of his contract is the same as the end date of his tour of duty.

II. Summary of xxxxxxx Arqument and Documentation:

Xxxxxx argues that the date of his contract was changed from xxxxxx to xxxx following the late arrival of his contract request at the Division of Commissioned Personnel (DCP). He alleges that his contract arrived late for the following reasons:

  1. He did not submit his contract by the due date because he did not receive the processing papers in a timely manner. He did not receive them until after he made calls to DCP to have the contract mailed. DCP received his contract two days past the 60 day cut-off date.
  2. He never received any guidance that would have enabled him to understand the special pay process. Special pay issues were not included at the Xxxxx initiation course. No guidance to the rigid time sensitive nature of the contract was ever given.
  3. His prior service had been in the xxxxxxxxx. The xxxx handled its special pay contracts differently than did DCP.

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

  1. Xxxxxx failed to complete his ASP contract in a timely manner upon call to active duty. DCP excused/accommodated his initial request and issued retroactive personnel orders authorizing ASP effective Xxxxxx 1993, based on administrative delays within the XXXX.
  2. Xxxxxx failed to complete his ASP contract within the timeframe specified in INSTRUCTION 2, Subchapter CC22.2 of the CCPM, and as provided in the contract signed on xxxxxx1995, section 2C(2).
  3. His 1995 ASP contract established a new effective date.
  4. His 1996 ASP contract could not be effective any earlier than one year after the effective date of his 1995 ASP contract.

IV. Board Action on xxxxxx Appeal:

Date of Board Meeting: xxxxxx1997

Board Staff:

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

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

Members of the Board:

Richard Asofsky, M.D.
Chairperson of the Board and Assistant Director for Special Emphasis Programs
Division of Intramural Research, NIAID/NIH
Office of the Clinical Director, NNHGRI/NIH

Findinqs and Conclusion:

Facts:

  1. DCP was not able to grant the relief requested since DCP had been precluded by a ruling of the Comptroller General from issuing a retroactive order for the purpose of creating a financial benefit. 
  2. The Board members were not able to determine from the record who was responsible for ensuring that Xxxxxx received his ASP contract and supporting paperwork. The record indicated that the Agency Liaison Officer had that responsibility. It also indicated that the xxx had that responsibility.
  3. The record was not conclusive as to who was responsible for the delay in processing Xxxxxx ASP contract. There was acknowledgement that his contract arrived at DCP two days late.

Conclusion:

The Board members concluded that there was merit in having Xxxxxx ASP contract coincide with his active duty date so they could both end at the same time, and that doing so would serve the interest of justice.

Recommendation and Correction to the Record:

Accordingly, the Board members recommend that Xxxxxx appeal be upheld changing the date of his ASP contract from xxxx back to Xxxxxx each year and that the financial adjustments necessary to effect this correction be enacted.

We certify that this recommendation reflects the views and action taken by the Board members on Xxxxxx appeal and that they have concurred in the recommendation.

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

Finally, we certify that a quorum of Board members was present on xxxxx 1997 when Xxxxxx appeal was considered.

If you approve, please sign below.

Richard Asofsky, M.D.
Chairperson of the Board and Assistant Director for Special Emphasis Programs
Division of Intramural Research, NIAID/NIH

Reviewed and Approved:

I hereby (x) approve ( ) disapprove the recommendation of the Board members on the appeal 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) , extending to the commissioned corps the provisions of 10 U.S.C. 1552, and authorize the Director, Division of Commissioned Personnel, Health Resources Service, Program Support Center, to correct his record as stipulated and issue appropriate personnel orders effecting that correction.

Lynnda M. Regan
Director
Program Support Center

Attachment: Case Record