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Board for Correction Case No. 202-97

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Board for Correction Case No. 202-97

175.00 Leave (Includes Annual / Home / Sick / Station Leave) - Remove AWOL from the record

Recommendation of the Board on Request of: Xxxxxxxxxxxxxx, Case Number 202-97

Xxxxxxxxxxxxxx appealed to the Board on xxxxxxxx, 1997 requesting removal of an Absent without Leave (AWOL) from his record. He was on detail to the Xxxxxxxxx when placed on AWOL. The AWOL covered the period Xxxxxxxxxx through Xxxxxx 1996 and for Xxxxxx through Xxxxxx 1996. The XXX authorized changing his xx days AWOL to xx days annual leave. The Division of Commissioned Personnel expressed no objection to XXX resolution of the officer's appeal, but did not have the authority to issue retroactive orders effecting this change (due to a Comptroller General's ruling denying the commissioned corps the authority to issue a retroactive personnel order altering an officer's entitlement to pay).

Board Action on Officer's Request:

The Board met on Xxxxxxxx 1998 to consider Xxxxxxxxxxxxxx appeal.

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

Members of the Board:

Max R. Lum, Ed.D.
Chairperson of the Board and Associate Director for Health Communications, NIOSH

Board for Correction of PHS Commissioned Corps Records Recommendation:

The Board members recommend that Xxxxxxxxxxxxxx appeal be upheld and that the period of his AWOL, and all records and documents pertaining to the AWOL, be removed from his record in accordance with the XXX resolution. Implementation of this recommendation requires that he be placed on annual leave for the period in question and that he receive pay and allowances as appropriate. Personnel orders would be issued to that effect. His annual leave balance also would be reduced by the amount of leave granted. He would be entitled to review his record to ensure compliance with the recommendation.

We certify that the Board members recommendation reflects their views and actions after considering Xxxxxxxxxxxxxx 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 Xxxxxxxxxxxxxx appeal; and in addition to applicable statutes, regulations and policies, it was considered by the Board members in arriving at their recommendation.

Finally, we certify that a quorum was present on Xxxxxxxx 1998 when Xxxxxxxxxxxxxx appeal was considered.

If you approve, please sign below.

Max Lum, Ed.D.
Chairperson of the Board and Associate Director for
Health Communications, NIOSH

Date

Reviewed and Approved:

I hereby (X) approve ( ) disapprove the Board members' recommendation on Xxxxxxxxxxxxxx appeal 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, Human Resources Service, Program Support Center, to correct his record as stipulated and issue appropriate personnel orders effecting the correction. 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.