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DECISION
THE COMPTROLLER OENERAL
OF THE UNITED STATES
WASHINGTON. D.C. 20548
FILE: B-187537 DATE: April 22, 1981
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MATTER OF: Thomas G. Wise, M.D. - Variable Incentive7'
Pay
Public Health Service (PHS) officer who agreed
to accept a commission in PHS in October 1973
and thereafter signed a memorandum of under-
standing for participation in the PHS Com-
missioned Officer Residency Deferred program
in August 1974 whereby he received a deferral
from active military duty under the Military
Selective Service Act, should not be considered
to have disqualifying active duty obligation for
purposes of variable incentive pay authorized
pursuant to 37 U.S.C. § 313 (1976) since induc-
tion authority, with certain exceptions not
relevant here, under Military Selective Service
Act expired June 30, 1973.
The issue presented is whether a commissioned officer
in the Public Health Service (PHS) who was appointed and
assigned to the Commissioned Officer Residency Deferred
(CORD) program after authority for induction and training
pursuant to the Military Selective Service Act had expired
and who was otherwise qualified should have been denied
Variable Incentive Pay (VIP). The answer is no.
CDr. Wise was appointed in the Public Health Service
as an assistant surgeon rin t e inactive Reserve Corps-
effective October 12, 1973, and was assigned to the CORD
program. He entered on extended active duty]July 1, 1975,
and served on active duty as surgeon in the Reserve Corps
of the PHS until June 30, 1977.
In a letter dated September 6, 1973, from the Commis-
sioned Personnel Division, Dr. Wise was informed of his
selection for sponsorship under the CORD program contin-
gent upon his being found fully qualified for a commission
in the PHS. That letter also informed him that active
duty in the Commissioned Corps of the PHS for a period of
2 years would fulfill his obligation under the Military
Selective Service Act and that in the event of resumption
of induction under that Act, 2 years of active duty in the
PHS would relieve him from further service and training.D
In a further letter dated October 12, 1973, from the
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DIGEST:
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