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109.00 Appointment as Commissioned Officer - Recall to active duty

Recommendation of the Board for Correction on Request of: Xxxxxxx, Case No.156-94

Requests:

Xx xxxx asked in her application received Xx xxxx, 1994, that the Board reinstate her in the Commissioned Corps.

Board Action on Officer's Requests:

Date of Board Meeting: xxxxxxx 1994

Board Staff:

Thomas E. White, Ph.D.
Executive Director

Ellen Wormser
Executive Secretary

Members of the Board:

John P. Buckley
Chairperson of the Board and Program Analysis Officer Office of Policy Coordination, HRSA

Findings, Conclusions and Recommendations:

Xx xxxx was terminated from the Corps on xxxxx x, 1994, after a tour of approximately four months, for failing to furnish full and complete information on her medical history when she completed Standard Form 93, "Report of Medical History" on xxx x, 1993, incident to applying for a commission. Xx xxxx argued that when she completed SF 93, she revealed that she had had xxxxxxx in xx 1992. She had no other information to disclose to the Corps at that time. Her private internist, xxx xxx, who examined her on the date she completed her SF 93, found no need for xxxxx xxxx xxxx. Further, when DCP wrote her on Xxxxxx 1993, asking what drugs she had been taking, she said that as of that date she had not taken, either on a regular or irregular basis, the medications the doctor had prescribed for her.

The Board agreed with DCP who argued that xxxx had failed to disclose information about her medical condition incident to completing SF 93 on xx x, 1993. Her attending physician, xxxxxxx, had advised surgery on xx x, 1993, the day before she completed SF 93, stating: "I have advised that the xxxx xxx [xxxxxxx be explored...." but this was not reported in her medical history. On xx x, 1993, three days after completing SF 93, he performed a xxxxx xxxx xx xxx. She did not disclose this operation on xx xx, 1993, when she responded to DCP's xxxx, 1993, request asking for additional information.

xx x xx, xxx xxxxxx, at the xxxxxxxxxxxxxx had reported on Xx xxxx use of pain-killing medications on xxxx, 1993, stating:

"...xxx was taking the prescribed daily doses but desired to decrease these medications when her new semester of school began in xxxxx."

Finally, SF 93 contained a provision stressing the continuing obligation of an applicant to disclose information on: "...any changes in your health status or anticipated use of or need for health services" after completing the document. Xxxxx did not comply with this requirement.

The Board concluded that DCP correctly followed its policies and procedures in terminating Xx xxxx under its probationary authority. No error or injustice had occurred when her commission was terminated.

Reviewed and Approved:

I hereby approve the recommendation of the Board members on Xxxxxx request and corrections to her record 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).

Recommendation

That Xx xxxx request to be reinstated in the Corps be denied. Implementation of this recommendation requires no change in her record.

We certify that this recommendation reflects the views and actions taken by the Board members on Xx xxxx request, and that they have concurred in this recommendation.

We certify, further, that the Case Record contains all of the documentation received on Xxxxxx request and that, in addition to applicable statutes, regulations and policies, it has been considered by the Board members in arriving at this recommendation.

Finally, we certify that a quorum of Board members was present on xxxxxx 1994, when Xxxxxx request was considered.

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.