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B-192858 1 (1978-11-14)

handle is hein.gao/gaobadgoi0001 and id is 1 raw text is: I THE COMPTDLLER5 K3NERAI/0Z7 D3ECISIONI. . o IdPTHE UNITM OSTATUS WASHINGTON. D. C. R0548 'N B-192858 DATE: Novenber 114D 1978 MATTER C DIGEST: OF: John P. Manges, MD 1. An existing Variable Incentive Pay (VIP) agreement under 37 U.S.C. 313 may not be renegotiated to a lesser commitment by executing a second VIP contract, even If it had been ceceived by the proper officials. Terme of the first VIP contract are binding on the parties and where offi- cer does not complete active service agreed to, he is subject to the refund provisions of the contract, 37 U.S.C. 313, and the regu- lations requiring repayment of amounts received foi which service was not performed. 2. A cownissioned officer of the Public Health Service who does not complete a term of active service to which he agreed in.writing may be divested of entitlement to lump-sum annual leave and travel ah'd transportation entitlemehts in accorctance with regulations promulgated by the Pblic Health Service under 37 U.S.C. 501(g) and-paragraph M6457 of 1 Joint Travel Regulations, promulgated under 37 U.S.C. 404(b) and 406(c). This action is the result of an appeal by Dr. John P. Manges, Jr., of a settlement of our Claims Division dated Septem- ber 1, 1977. Ii` the settlement, Dr. Manges claim for the payment of transportatio'sexpenses, the shipment of household goods, and lump-suin pa}\hent for unused leave incilent to his separation from active duty with the Commissioned Corps of the Public Health Service in June 1977, was denied. On July 23, 1973, Dr. Maiges was recalled to active duty as a medical officer with the Pub ic Health Service and assigned as a resident In internal medicine at the University of Vermont. On July 1, 1975, he was tranuferred to the Public Health Service Indian Hospital in Santa Fe, N4w Mexico. As a result of his assignment to the University of Vermont he incurred an active SF I A -5g. I. FILE: i 'I I I I F ri

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