Board for Correction Case No. 122-91
192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Retroactive special pay
Board Recommendation on Request of: xxxxxxxxxxx Case No. 122-91
Xxxxx filed an application with the Board for Correction of PHS Commissioned Corps Records dated xxxxxxx 1991. He contended that he had lost entitlement to a financial benefit due to an alleged failure by the U.S. Government to issue a contract although he submitted his application in a timely manner. He asked the Board to authorize a two year (1990-1992) Incentive Special Pay-Hardship (ISP-H) contract entitling him to $16,000 per year (he had expected to receive his first payment in xxxxx 1990).
We did not believe the facts in his request justified submitting a complete Advisory Opinion or preparing a complete Case Summary. We also sought to render a decision prior to receipt of his xxxxxxxx 1991 payment. For these reasons, it was not processed through the complete case development cycle. His application and supporting documentation are contained in the attached Case Record. The request was considered on xxxxx 1991.
BOARD ACTION ON XXXXX REQUEST:
BOARD STAFF:
Ellen Wormser
Executive Director
Thomas E. White, Ph.D.
Executive Secretary
MEMBERS OF THE BOARD:
Robert W. Mckinney, Ph.D.
Chairperson
Director, Division of Safety Office of Research Services, NIH
FINDINGS:
The Division of Commissioned Personnel (DCP) had been asked to review Xxxxx application and to make a recommendation to the Board on its disposition. The Board was advised on xxxxx 1991 that:
- DCP had received two two year ISP-H contracts from Xxxxx: one notarized on xxxxxxxx 1990, and one on xxxxxx 1991;
- DCP was unable to honor his request for a two year contract since its authority to negotiate multiyear ISP contracts ended on xxxxxxxx 1990, before his contracts had been submitted;
- In lieu of a two year contract, DCP issued him a one year contract effective xxxxx 1990;
- After further consideration of his request, DCP concluded that his one year contract should be changed to a two year contract. DCP supported this change on the basis that: (a) he had been called to active duty before its contracting authority ended and (b) the station to which he had been assigned qualified as an ISP-H site; and
- DCP recommended that the Board change Xxxxx contract from one to two years effective xxxxx 1990.
CONCLUSION:
The Board concluded that DCP did not have the authority to issue a two year ISP-H contract to Xxxxx entitling him to a payment in 1990 as he requested.
RECOMMENDATION:
The Board upheld DCP's recommendation on the disposition of Xxxxx request. Approval of this recommendation requires that his record be corrected to show he had been issued a two year ISP-H contract effective xxxxxxxx 1990. Approval also requires that he receive $16,000 on his 1990 contract (minus any amount already paid to him) and on his 1991 contract.
We certify that this recommendation reflects the views and actions taken by the Board on this officer's request and that it has been concurred in by the Board members.
We also certify that the Case Record contains all of the information received on his request and that, in addition to applicable statutes, regulations and policies, it was considered by the Board in arriving at this recommendation.
Finally, we certify that a quorum of Board members was present when Xxxxx request was considered.
If you approve, please sign below.
Robert W. McKinney, Ph.D.
Director
Division of Safety Office of Research Services, NIH
Reviewed and Approved:
I hereby approve the recommendation of the Board for Correction on the request of Xxxxx 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).
Wilford J. Forbush
Director, Office of Management
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.