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165.00 Inactive Reserve Corps - Appoint to the Corps

Recommendation of the Board for Correction on Case No. 036-83 Xxxxxxxxxxxxxxxxxxx.

Xxxxxxxxxxxxxxxx filed an application with the Board for Correction dated Xxxxxx, 1983, requesting retroactive reinstatement in the Inactive Reserve Corps to Cover the period after his resignation from the Corps to the date when he entered on active duty with the Xxxxxxxxxxxxxxxxxx. The merits of the request were reviewed on the basis of the documentation provided. The relevant facts and the Board's Findings, Conclusions and Recommendation are included as Attachment x.

After consideration of all information provided, the Board for Correction recommended that Xxxxxxxxxx request be denied and that no correction be made to his record retroactively placing him in the Inactive Reserve Corps.

It is certified that the foregoing recommendation is a true and complete statement of action taken by the Board for Correction, as contained in Attachment 1 to this memorandum, and that the report of this action has been reviewed by the Board members. Further, it is certified that the documentation contained in Attachment x includes all information presented to the members of the Board and that, in addition to applicable statutes, regulations and policies, it has been considered by the Board in arriving at its recommendation. Finally, it is certified that a quorum was present at the Board's meeting on Xxxxxxxxxx, 1983 when Xxxxxxxxxx request was considered.

The foregoing action of the Board for Correction is submitted for your review and approval.

Ellen Wormser

Attachments:

(1) Board's Findings, Conclusions and Recommendation
(2) Case Summary and all available documenting evidence

Reviewed and Approved:

Wilford J. Forbush­
Deputy Assistant Secretary for Health Operations and Director, Office of Management

Date

BOARD PROCEDURES

The Board for Correction is located in the Office of Organization and Management Systems in the Office of the Assistant Secretary for Health. The Chairperson of the Board is also Director of the Office of Organization and Management Systems.

Issues Considered by the Board

1. Should the problem presented to Xxxxxxxxxx from the Xxxxxxxx interpretation of Public Law 96-513 be resolved by the Board for Correction by placing him in the PHS Inactive Reserve Corps, or should Xxxxxxxxxx be advised to submit the issue of how to interpret the law to the Comptroller General for resolution?
   
2. Was there any evidence presented in the record to indicate that Xxxxxxxxxx had been misadvised by those in authority of the penalties he would have to bear for breaking his continuation pay contract?
   
3. Should the Board attach any significance to the fact that the Officer in Charge who signed Xxxxxxxxxx separation request did not recommend him for appointment to the Inactive Reserve Corps?
   
4. Could Xxxxxxxxxx have avoided the problem which he now faces?

FINDINGS

The Board members examined the issues in Xxxxxxxxxx request and concluded the following:

1. that it should decide on whether Xxxxxxxxxx should be appointed retroactively to the PHS Inactive Reserve Corps for the period requested rather than recommend referral to the Comptroller General for resolution of the question of how Public Law 96-513 should be interpreted. The Board concluded that to recommend referral of the request would introduce an additional delay and could also open up for consideration other issues related to the transfer of rights between the Commissioned Corps and the military services.

2. the Board members were aware that Xxxxxxxxxx interpretation of the penalties involved in breaking a continuation pay contract could have been influenced by the opinions of others in positions of authority and to whom he was responsible. In this respect the members of the Board found that at least one person to whom Xxxxxxxxxx reported held a similar view on the penalty for breaking the contract. Xxxxxxxxxxxx, former Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, submitted a statement for the record in Xxxxxxxxxx behalf. He stated as follows:

"To the best of my knowledge, Xxxxxxxxxx and I were both under the impression that an officer who broke his continuation pay contract could not request Reserve Officer status. This may or may not be true, in fact, but it was certainly my impression and Xxxxxxxxxx's also. There is no doubt in my mind that if he had understood otherwise he would have requested Reserve Officer status.

I strongly support Xxxxxxxxxx's request to be granted Reserve status retroactive to his date of resignation from Active Duty."

3. the members of the Board were aware that Xxxxxxxxxx was offered a position in Xxxxxx which he refused to accept and that his subsequent efforts to obtain a position elsewhere were not successful. It recognized that these events could have placed him in the position where the decision to resign from the Corps became the only option available to him, and that by doing so, contributed significantly to the request he presented to the Board.

The Board members concluded that Xxxxxxxxxx resignation from the Corps reflected his personal desire to obtain a position elsewhere rather than accept the assignment in Xxxxxxxxxxx. Further, it concluded that Xxxxxxxxxx request for separation indicating that he did not wish to be considered for inactive reserve status reflected his desire at that time. Finally, the board concluded that Xxxxxxxxxx decisions and the consequences resulting from them were not the result of error attributable to CPOD's policies or procedures.

V. RECOMMENDATION

After consideration o£ all information presented, the recommendation of the members of the Board for Correction is that Xxxxxxxxxx request be denied, and that no correction be made to his record retroactively placing him in the Inactive Reserve Corps.

I certify that each of the Board members has read this report and concurs in the findings and recommendation.

Ellen Wormser
Chairperson
Board for Correction of PHS Commissioned Corps Records

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.