Board for Correction Case No. 188-96
192.00 Pay and Allowances (Includes Allotments of Pay / Allowances / Basic Pay) - Retroactive special pay
Recommendation of the Board for Correction on Appeal of: xxxxxxxx, Case No.188-96
I. Xxxxxx Appeal for Relief:
Xxxxxx appealed to the Board asking that he be authorized retroactive Retention Special Pay (RSP) effective xxx 1993.
II. Summary of Xxxxxx Arguments and Documentation:
During the period xxxx 1991 to xxxx 1993, he was enrolled in an xxxx xxxx xxxx at xxxxxx xxxxx. He became eligible for RSP but did not receive a contract. He believed that he should have received RSP for the following reasons:
- The Indian Health Service (IHS) recognized that an administrative error had been made in not sending him a contract and supported payment of RSP as he had requested.
- DCP alleged that a contract had been sent to him in xxx 1993. He contended that the contract may have been sent to the Agency but that he never received it.
- xxxxx xxxxx, Commissioned Personnel Specialist, DCP, wrote that although Xxxxxx became eligible for RSP upon completion of his training on xxxx, 1993, he did not send him a contract.
- Xxxxxx advised him that the Board for Correction of PHS Commissioned Corps Records was probably the only recourse available to him with the authority to authorize retroactive RSP.
- The Director, DCP, advised him that DCP did not have the authority to pay him retroactively for RSP and of his right to petition the Board for Correction for relief.
- Xxxxxx believed that he had suffered an injustice from not having been issued a contract allowing him to be paid RSP.
III. Summary of Division of Commissioned Personnel's Arguments and Documentation:
DCP found that IHS had erred in not making Xxxxxx eligible for RSP. He had become eligible on xxx 1993. DCP did not object to granting this benefit.
IV. Board Action on Xxxxxx Appeal:
Date of Board Meetinq: xxxxx 1996
Board Staff:
Norman E. Prince, Jr.
Staff Director
Program Support Center Acting 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:
J. Michael Hamilton, M.D.
Chairperson of the Board and Chief, Clinical Investigations Branch
NCI, Navy Medical Oncology Branch, NIH
Findings, Conclusion and Recommendation:
Findings
- The Board found that Xxxxxx had been enrolled in an xxxxx xxxx xxxx xxxx xxx from xxx 1990 to xxx 1993. Upon completing his residency, he became eligible for RSP on xxx, 1993.
- Xxxxxx, who had been the special pay liaison for IHS to DCP during the period xxx 1992 to xxxxxx 1994, advised the Board on xxxx 1996, that Xxxxxx was not sent a contract on which to apply for RSP. As the special pay liaison, Xxxxxx had been responsible for making sure that a contract was sent to Xxxxxx. However, he did not discover until xxxx 1994 that, due to an oversight, Xxxxxx was not sent a contract.
- While DCP acknowledged and supported Xxxxxx request for retroactive RSP, DCP had been unable to take corrective action due to a ruling of the OCG disallowing DCP from issuing a retroactive personnel order for the purpose of creating a financial benefit.
Conclusion
The Board concluded that Xxxxxx had been entitled to receive RSP upon completing his residency training. He did not receive this benefit due to an oversight causing him not to receive a contract. This oversight resulted in an injustice. He did not receive the special pay to which he had been entitled. DCP agreed that he had suffered an injustice but did not have the authority to remove it.
Therefore:
Recommendation
After considering all of the documentation received, the Board members recommend that Xxxxxx request for relief be upheld. This requires that his record be corrected authorizing him to receive retroactive RSP effective xxxx 1993, at the rate in effect on that date.
We certify that the above recommendation reflects the views and actions taken by the Board members on Xxxxxx appeal and that they have concurred in it.
We certify, further, that the Case Record, shown as an Attachment, contains all of the documentation received on Xxxxxx appeal and that, 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 xxxxxx 1996, when Xxxxxx appeal was considered.
If you approve, please sign below.
J. Michae1 Hamilton M.D.
Chairperson of the Board and Chief, Clinical Investigations Branch
NCI, Navy Medical Oncology Branch, NIH
Reviewed and Approved:
I hereby approve the Board members' recommendation on Xxxxxx appeal and the correction to his record considered in accordance with P.L 96-76, Public Health Service Act, Section 312, Section 221a(a) (12) (42 U.S.C. 213a(a) (12) extending the provisions of 10 U.S.C. 1552.
Lynnda M. Regan
Dlrector
Program Support Center
Attachment 1: Case Record